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Agenda 06/27/2017 Item #16D 806/27/2017 EXECUTIVE SUMMARY Recommendation to approve a Release of Lien to combine release of 16 separate liens with one developer for a combined amount of $62,872.32 for properties developed by Immokalee Habitat for Humanity, Inc. that have remained affordable for the required 15-year period set forth in the State Housing Initiatives Partnership (SHIP) Impact Fee program deferral agreements. OBJECTIVE: To support the affordability of housing in Collier County through the SHIP Impact Fee program. CONSIDERATIONS: Pursuant to Article IV of Chapter 74 the Collier County Code of Ordinances, the County shall defer the payment of the impact fees for any new owner-occupied unit which qualifies as affordable housing. Section 74-401(a) (3) of the Code authorizes the County Manager to enter into an Agreement for Waiver of Collier County Impact fees, more commonly known as a SHIP impact fee deferral agreement with the owner or applicant. Under the SHIP Impact Fee Deferral program, when an eligible applicant is approved for an impact fee deferral, the SHIP program pays the required impact fees in full to the County on behalf of the applicant and defers the SHIP repayment to the applicant until the property is sold, refinanced, or no longer their primary residence. The Dwelling Unit is to be utilized for affordable housing for a 15-year period after the issuance of the certificate of occupancy. The following table provides details regarding the Immokalee Habitat for Humanity, Inc. associated liens that have met their 15-year affordable housing obligation. As such, Release of Liens is required. Approval of these items will authorize the Chairman to sign the aforementioned Release of Lien, and the executed document shall be recorded in the Public Records of Collier County, Florida at the cost of the County. Legal Description Recording Date SHIP Impact Fee OR Book & Page Certificate of Occupancy Date Lien forgiveness date Lien Amount to be forgiven Highlands Habitat, Lot 1 05/13/1996 2100/1849 05/13/1996 05/13/2011 $3,929.52 Highlands Habitat, Lot 3 05/13/1996 2100/1863 05/13/1996 05/13/2011 $3,929.52 Highlands Habitat, Lot 4 05/13/1996 2100/1870 05/13/1996 05/13/2011 $3,929.52 Highlands Habitat, Lot 5 05/13/1996 2100/1877 05/13/1996 05/13/2011 $3,929.52 Highlands Habitat, Lot 7 12/18/1996 2100/1891 12/18/1996 12/18/2011 $3,929.52 Highlands Habitat, Lot 9 02/28/1997 2100/1905 02/28/1997 02/28/2012 $3,929.52 Highlands Habitat, Lot 10 03/09/1997 2100/1912 03/09/1997 03/09/2012 $3,929.52 Highlands Habitat, Lot 11 04/29/1997 2100/2105 04/29/1997 04/29/2012 $3,929.52 Highlands Habitat, Lot 12 04/07/1997 2100/2112 04/07/1997 04/07/2012 $3,929.52 Highlands Habitat, Lot 13 04/07/1997 2100/2119 04/07/1997 04/07/2012 $3,929.52 Highlands Habitat, Lot 14 12/18/1996 2100/2126 12/18/1996 12/18/2011 $3,929.52 Highlands Habitat, Lot 15 12/18/1996 2100/2133 12/18/1996 12/18/2011 $3,929.52 Highlands Habitat, Lot 17 05/13/1996 2100/2147 05/13/1996 05/13/2011 $3,929.52 16.D.8 Packet Pg. 1021 06/27/2017 Highlands Habitat, Lot 18 05/13/1996 2100/2154 05/13/1996 05/13/2011 $3,929.52 Highlands Habitat, Lot 19 05/13/1996 2100/2161 05/13/1996 05/13/2011 $3,929.52 Highlands Habitat, Lot 20 05/13/1996 2100/2168 05/13/1996 05/13/2011 $3,929.52 Total $62,872.32 FISCAL IMPACT: There is no fiscal impact associated with the Release of Lien . The $20 recording fee will be paid by SHIP Grant Fund 791, Project 33467. LEGAL CONSIDERATIONS: This item is approved for form and legality and required a majority vote for Board approval.-JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: To approve and authorize the Chairman to sign a R elease of Lien for the combined amount of $62,872.32 for 16 properties developed by Immokalee Habitat for Humanity, Inc. that have remained affordable for the required fifteen-year period set forth in the State Housing Initiatives Partnership (SHIP) Impact Fee program deferral agreements. Prepared By: Wendy Klopf, Operations Coordinator, Community & Human Services Division ATTACHMENT(S) 1. Release of Lien-Highlands Habitat (PDF) 2. [LINKED]SHIP Impact Fee Agreements Habitat Highlands (PDF) 3. Backup ES Habitat Highlands (PDF) 4. BCC Agenda 09.12.95 Item 16A9 pg 9 (PDF) 5. [linked] 1995 Resolution IF Highlands 95-495 to 95-514 pg 40-41 (PDF) 16.D.8 Packet Pg. 1022 06/27/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.8 Doc ID: 3190 Item Summary: Recommendation to approve a Release of Lien to combine release of 16 separate liens with one developer for a combined amount of $62,872.32 for properties developed by Immokalee Habitat for Humanity, Inc. that have remained affordable for the required 15 -year period set forth in the State Housing Initiatives Partnership (SHIP) Impact Fee program deferral agreements. Meeting Date: 06/27/2017 Prepared by: Title: Operations Coordinator – Community & Human Services Name: Wendy Klopf 05/10/2017 11:25 AM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 05/10/2017 11:25 AM Approved By: Review: Community & Human Services Leslie Davis Additional Reviewer Completed 05/11/2017 10:36 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 05/11/2017 1:43 PM Public Services Department Joshua Hammond Additional Reviewer Completed 05/31/2017 7:17 AM Public Services Department Kimberley Grant Additional Reviewer Completed 06/01/2017 3:20 PM Public Services Department Sean Callahan Additional Reviewer Completed 06/07/2017 3:52 PM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 06/12/2017 10:58 AM Grants Erica Robinson Level 2 Grants Review Completed 06/12/2017 11:09 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/12/2017 1:56 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/12/2017 2:10 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/12/2017 2:38 PM Budget and Management Office Ed Finn Additional Reviewer Completed 06/13/2017 9:52 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2017 10:26 AM Grants Therese Stanley Additional Reviewer Completed 06/16/2017 4:23 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/16/2017 4:35 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM 16.D.8 Packet Pg. 1023 16.D.8.a Packet Pg. 1024 Attachment: Release of Lien-Highlands Habitat (3190 : HfH-Highlands SHIP Impact fees Release) 16.D.8.a Packet Pg. 1025 Attachment: Release of Lien-Highlands Habitat (3190 : HfH-Highlands SHIP Impact fees Release) BCC Approval date/Item #Resolution # Legal Description Impact Fee Agreement name Folio Street Address Current Owner Same Owner Yor N Homestead Y or N Lien (OR/Pg )CO date 15 year affordabilty end date Impact Fee Amount SOH=Same Owner With Homestead SOWOH=Same owner without Homestead DOWH=Different Owner with Homestead DOWOH=Different Owner without Homestead 09/12/95 Item 16A9 95-495 Highlands Habitat, Lot 1 Immokalee Habitat for Humanity 50120000066 652 Clifton Rd ALBERIQUE, OBERT=& EMINA Y Y 2100/1849 5/13/1996 5/13/2011 3,929.52$ SOH 09/12/95 Item 16A9 95-497 Highlands Habitat, Lot 3 Immokalee Habitat for Humanity 50120000105 660 Clifton Rd GONZALEZ, JOSE L=& CARMELA Y Y 2100/1863 5/13/1996 5/13/2011 3,929.52$ SOH 09/12/95 Item 16A9 95-498 Highlands Habitat, Lot 4 Immokalee Habitat for Humanity 50120000121 664 Clifton Rd ESTRADA JR, JESSIE=& ANNA M Y Y 2100/1870 5/13/1996 5/13/2011 3,929.52$ SOH 09/12/95 Item 16A9 95-499 Highlands Habitat, Lot 5 Immokalee Habitat for Humanity 50120000147 668 Clifton Rd LUVIANO, MIGUEL=& MARIA OLGA Y Y 2100/1877 5/13/1996 5/13/2011 3,929.52$ SOH 09/12/95 Item 16A9 95-501 Highlands Habitat, Lot 7 Immokalee Habitat for Humanity 50120000189 676 Clifton Rd LOUIS, ROSELAINE Y Y 2100/1891 12/18/1996 12/18/2011 3,929.52$ SOH 09/12/95 Item 16A9 95-503 Highlands Habitat, Lot 9 Immokalee Habitat for Humanity 50120000228 684 Clifton Rd MONTOYA, ESTELLA Y Y 2100/1905 2/28/1997 2/28/2012 3,929.52$ SOH 09/12/95 Item 16A9 95-504 Highlands Habitat, Lot 10 Immokalee Habitat for Humanity 50120000244 688 Clifton Rd DIAZ, ISRAEL Y Y 2100/1912 3/9/1997 3/9/2012 3,929.52$ SOH 09/12/95 Item 16A9 95-506 Highlands Habitat, Lot 12 Immokalee Habitat for Humanity 50120000286 683 Clifton Rd ESCOBAR, OLGA Y Y 2100/2112 4/7/1997 4/7/2012 3,929.52$ SOH 09/12/95 Item 16A9 95-507 Highlands Habitat, Lot 13 Immokalee Habitat for Humanity 50120000309 679 Clifton Rd AMAZAN, ROSE IVETTE Y Y 2100/2119 4/7/1997 4/7/2012 3,929.52$ SOH 09/12/95 Item 16A9 95-508 Highlands Habitat, Lot 14 Immokalee Habitat for Humanity 50120000325 675 Clifton Rd WILCOX, WILLIE MAE Y Y 2100/2126 12/18/1996 12/18/2011 3,929.52$ SOH 09/12/95 Item 16A9 95-509 Highlands Habitat, Lot 15 Immokalee Habitat for Humanity 50120000341 671 Clifton Rd MARTINEZ, FRANCES Y Y 2100/2133 12/18/1996 12/18/2011 3,929.52$ SOH 09/12/95 Item 16A9 95-511 Highlands Habitat, Lot 17 Immokalee Habitat for Humanity 50120000383 663 Clifton Rd MORENO, JOSE=& MARIA Y Y 2100/2147 5/13/1996 5/13/2011 3,929.52$ SOH 09/12/95 Item 16A9 95-512 Highlands Habitat, Lot 18 Immokalee Habitat for Humanity 50120000406 659 Clifton Rd CHARELUS, ALEANCE C Y Y 2100/2154 5/13/1996 5/13/2011 3,929.52$ SOH 09/12/95 Item 16A9 95-513 Highlands Habitat, Lot 19 Immokalee Habitat for Humanity 50120000422 655 Clifton Rd SAINT PREUX, MACKINSIE Y Y 2100/2161 5/13/1996 5/13/2011 3,929.52$ SOH 09/12/95 Item 16A9 95-514 Highlands Habitat, Lot 20 Immokalee Habitat for Humanity 50120000448 651 Clifton Rd SIMON, ROSE MARIE Y Y 2100/2168 5/13/1996 5/13/2011 3,929.52$ SOH 09/12/95 Item 16A9 95-505 Highlands Habitat, Lot 11 Immokalee Habitat for Humanity 50120000260 687 Clifton Rd NICHOLSON ET AL, ANGELINE Y N 2100/2105 4/29/1997 4/29/2012 3,929.52$ SOWOH-Sandra Nicholson-deceased 2007- Collier County Library Employee who's- Husband killed-Property in estate for her children as they reside in the property Total 62,872.32$ 16 units eligible for release 16.D.8.c Packet Pg. 1026 Attachment: Backup ES Habitat Highlands (3190 : HfH-Highlands SHIP Impact fees Release) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, September 12, 1995 9100 a.m. NOTICE : ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING . REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" . ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE , WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO EE BASED . ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN . ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARB AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA A. Approval of consent agenda . 4. APPROVAL OF MINUTES August 15, 1995 -Regular meeting. August 22 , 1995 -Regular meeting. August 22, 1995 -Workshop . August 24, 1995 -Emergency meeting . 5. PROCLAMATIONS AND SERVICE AWARDS 1 Approved and/or adopted 5/0 with changes Approved and/or adopted 5/0 with changes Approved as presented 5/0 16.D.8.d Packet Pg. 1027 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release) A. Proclamations Added (1 (2) "Law Enforcement Appreciation Day". To be accepted by Jerry Brock . "Industry Appreciation Week". To be accepted by Colleen Kvetko , Chairman Industry Appreciation Committee . (3) "Beach Clean-Up Day". To be accepted by Susan C . Nichols-Lucy. (4) Proclamation recognizing and thanking Mr. and Mrs . Herbert J. Sudgen for their generous contribution toward the Lake Avalon Project. B . Service Awards Robert C. Allen Murdo Smith Parks & Recreation Parks & Recreation 20 years 20 years c. Presentations 6. APPROVAL OF CLERK'S REPORT A . ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES 1 . General Fund (001) (FY 94-95) 2 . Community Development Fund (113) (FY 94-95) 3. Facilities Construction Fund (301) (FY 94-95) B . Recommendation that the Board of County Commissioners adopt a revised investment policy. 7. PUBLIC PETITIONS 8. COUNTY MANAGER'S REPORT A . COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES (1) Report on water quality problems in Vanderbilt Lagoon. B . PUBLIC WORKS (1) Recommendation for Board approval of the method for construction of the Naples Park Project . 2 financing Drainage Adopted 5/0 Adopted 5/0 Adopted 5/0 Adopted 5/0 Presented Continued and to be heard with Item 9A -5/0 Continued Raymond 5/0 one James week and to review Report accepted as presented 5/0 Staff recommendation approved 4/0 (Commsr. Constantine absent). 16.D.8.d Packet Pg. 1028 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release) Added Added (2) Recommendation to adopt a resolution initiating a program for the purpose of providing stormwater drainage improvements within the Naples Park Area Drainage Improvements Municipal Service Benefit Unit. (3) Recommendation to adopt a resolution setting the date, time and place for the public hearing on the tentative assessment roll for the Naples Park Area Drainage Improvements Municipal Service Benefit Unit. (4) Staff report on the purchase negotiation of the Bathey property. (5) Recommendation to continue the weekly yardwaste collection program. (6) Report on Royal Cover Sewer Issues (Staff's Request) (7) county Drainage update (Staff's Request) C. PUBLIC SERVICES Added Added ( 1) Recommendation that the BCC confirm their previous direction regarding the institution of beach parking fees for non-county residents for FY 1995 -96 (Staff's request) (2) To obtain the Board of County Commissioners' approval of a Resolution which will allow charles Schwab, Inc. to sell the number of shares of Ralcorp Holdings Common Stock which will most closely approximate the sum of $500,000 on behalf of the County. (Staff 's Request) D . SUPPORT SERVICES Moved from 16D2 ( 1) To seek Board approval of terms for the members of the a Resolution Council of 3 adopting Economic Res. 95-517 Adopted 4/0 (Commsr. Constantine absent) . Res. 95-518 setting hearing date for 10/24/95 at 9:00 A.M . in Commission Chambers . Adopted 4/0 (Commsr . absent) . Constantine Staff to work further with Mr. Hubschman & Engineers 5/0 Approved 5/0 Proposed settlement rejected; staff to proceed with necessary work of wetwell; staff to bring back resolution to adopt assessment district; and necessary budget amendments approved . 5 / O Staff with directed SFWMD about to talk getting culverts sandbagged and bring back a proposal after talking with the residents . (Consensus) Staff directed to leave budget as is. 3/2 (Commissioners Matthews and Constantine opposed) Res. 95-519 -Adopted 5/0 Res . 95-520 -Adopted 5/0 16.D.8.d Packet Pg. 1029 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release) Advisors. E. COUNTY MANAGER (1) Allocate $1,500 ,000 of previously collected 1991 category B Tourist Development Funds for promotion of two separate entities of the Collier County Tourism Committee for a two -year period. (2) Recommendation that Commissioners review a Fiscal Year 1996 . the Board of Collier County pilot Gainsharing Program for 9. COUNTY ATTORNEY'S REPORT A. Report to Board regarding issues of County Investment Policy including control of investment portfolio. B. Report to Board regarding Collier County Utilities Rate Regulation Authority Jurisdictional Issues , Implementation Procedures . Added C . Authorization for the Chairman to travel to Tampa, FL and participate in the Mediation Conference for the litigation case of Great Monument Construction Co.. v . Board of County Commissioners for Collier County, Case No. 94-2928-CA-Ol -TB 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Historical Archaeological Preservation Board. Added B . Discussion regarding appo i ntments ot Advisory Boards . 11. OTHER CONSTITUTIONAL OFFICERS Withdrawn A. Recommendation that the Board of County Commissioners approve the purchase of a computer-aided dispatch {CAD) system. PUBLIC COMMENT ON GENERAL TOPICS LUNCH RECESS 12100 NOON TO 1100 P.M. 4 Approved -5/0 Approved as amended 5/0 Report presented Staff to set public hearing date to consider resolution/ordinance to rescind prior BCC action and replan authority re rate regulation. 5/0 Approved 5/0 Res . 95-521 appointing Rose Albert er and reappointing Diane Gonzalez. Adopted 5/0 Staff to advertise for three seats on the CCPC. 5/0 Withdrawn 16.D.8.d Packet Pg. 1030 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release) PUBLIC HBARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HBARINGS -BCC A . COMPREHENSIVE PLAN AMENDMENTS B . ZONING AMENDMENTS (1) Petition PUD-95-4, Michael R. Fernandez, AICP, of Agnoli, Barber & Brundage, Inc ., representing Piper Boulevard Medical Office Center Investors, for a rezone from RMF-16 to PUD Planned Unit Development for a development consisting of uses authorized by the C-2 Commercial Convenience District of the Land Development Code not exceeding a gross floor area of 30, 000 square feet for property located immediately east of Cypress Way East and north of Immokalee Road in Sec . 23, T48S, R25E. (2) Petition PUD-80-20(5), Donald W. Arnold representing the Collier County Board of Commissioners requesting an amendment to the Hideaway Beach PUD, Ordinance 92-11, by amending Section 4 . 04 . 04, Minimum Setbacks, by changing the Minimum Principal and Accessory Structure Building Setbacks for lots abutting the beach for property located on Marco Island in part of Secs. 5 , 6, and 7, T52S, R26E . (Continued from the meeting of 8/8/95) (THIS ITBM WILL BE HEARD AT TH:S: CONCLUSION OF THE REGULAR AGENDA) . (3) Petition R-95-5, Dennis M. Portella of Portella -Rowe Associates, Inc ., representing Immokalee Habitat for Humanity, Inc., requesting a rezone from A-MHO and C-F to RSF-5 for property located at Lake Trafford Road and Little League Road in Sec. 36, T46S, R28E, consisting of 8 .2 acres . (Continued to the meeting of 10/24/95.) C. OTHER (1) An Ordinance amending Ordinance 88-87 to correct a Scrivener's error on the Official Zoning Atlas Map Number 9618N referring to the "ST" overlay which in fact should have been removed from the Pine Ridge Center West PUD : located west of I-7 5 on Pine Ridge Road, in Sect. 18, T49S, R26E, Collier County, Florida; and by providing for an effective date . (2) Petition SNR-95-2, a Resolution renaming a portion of the former alignment of Logan Boulevard to "Logan Court", which street is located in Golden Gate Estates, Unit 34, located off Green Boulevard, east of Santa Barbara Boulevard and in Sec. 16, T49S , R26E. (3) Recommendation that the Board of County Commissioners approve an Ordinance amending Ordinance No. 9 5 -2 o , the 5 Ord. 95-47 Adopted 5/0 Continued to 10/10/95 and to be readvertised Continued to 10/24/95 Ord. 95-48 Adopted 5/0 Continued until after readvertising. 5/0 Continued indefinitely 16.D.8.d Packet Pg. 1031 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release) Collier county Structural/Building and Hurricane Code. { 4) Recommendation to adopt a resolution approving amendments to the Fiscal Year 1994-95 adopted budget. (5) Petition AV95-005, Jack Nold as agent for owner, Eagle Creek Properties, Inc., requesting vacation of the drainage easement located on Tract A, of the Plant of Eagle Creek Country Club as recorded in Plat Book 14, Pages 1-5, and a portion of a drainage easement as recorded in Official Record Book 1344, Pages 1082-1084, of the Public Records of Collier County, Florida (6) Petition AV95-004 to vacate a portion of a 60 foot road right-of-way known as Bailey Lane located on a parcel of land lying in Section 23, Township 49 South, Range 25 East, as recorded in Official Record Book 929, Page 1204, and Official Record Book 929, Page 1198, of the Public Records of Collier County, Florida { 7) An ordinance amending Collier County Ordinance No. 93-72, adopting the County Administration Law of 1974, Part III of Chapter 125, Florida Statutes, the Collier County Administrator Ordinance: amending Section Three: County Administrator; Powers and Duties, by providing violation definition and sanctions for the Board and its members. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition SV-95-4, International Sign and Design representing Discount Auto Parts, Inc., requesting a 30 foot variance from the required 150 foot road frontage for a pole sign to 120 feet, for an auto parts store located at 3600 Tamiami Trail East . {Continued from the meeting of 8/22/95) (2) Petitions CU-95-7, CU-95-8, CU-95 -9, and CU-95-10, Bill Hoover of Hoover Planning Shoppe, representing Immokalee Water and Sewer District, requesting a Conditional Use per Section 2.6.9.2 {Essential Services) for the expansion of wastewater and water treatment facilities located in Sec . 31, T46S, R29E, and in Secs. 3, 4, and 9, T47S, R29E . {Continued from the meeting of 8/22/95) (3) Petition CU-95-5, Willa Pope Joy and Herman Spooner, Trustees, representing Versie Spooner, requesting Conditional Use 2.6.9 .2 of Section 2.6.9 (Essential Services) for a post office in an RSF-3 Zoning District for property located east of and contiguous to Fifteenth 6 ... ····---------- BAR-95-9 Res. 95-522 Adopted 5/0 Res. 95-523 Adopted 5/0; Clerk to advertise notice of adoption within 30 days upon receipt of Transportation Services of proof of compliance from the City. 5/0 Ord. 95-49 Adopted 5/0 Continued to 9/19/95 Res. 95-524 Adopted 5/0 Res. 95-525 Adopted 5/0 Res . 95-526 Adopted 5/0 Res. 95-527 Adopted 5/0 Res. 95-528 Adopted 5/0 ··---·· ·----··----- 16.D.8.d Packet Pg. 1032 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release) Street North (S.R. 29), north of Immokalee Drive, south of Lake Trafford Road, in Sec. 33, T46S, R29E, consisting of 1 . 7± acres . (Continued from the meeting of 8/22/95) (4) Petition V-95-11, Mitchell B . Thompson, P .L .S., representing Gastion, Inc., for a variance from the required 15 foot landscape buffer along Santa Barbara Boulevard to 10 feet , and a 5 foot variance from a portion of the required 10 foot landscape buffer along the south property line to 5 feet for property described as a portion of Tract 11, Countryside at Berkshire Lakes , Section Three, Plat Book 14, Pages 78-80 of the Public Records of Collier County, Florida . (Continued from the meeting of 8/22/95) (5) Petition V-95-9, Mark W. Minor of Q. Grady Minor & Associates, P.A. , representing Sterling Oaks Joint Venture, requesting an 8.5 foot variance from the 20 foot requirement for outdoor clear parking as required in the Sterling Oaks PUD to 11. 5 feet for , Lot 15, Block E, Sterling Oaks, in Sec . 20, T48S, R25E. (Continued from the meeting of 8/22/95) (6) Petition V-95-7, David C. Sneed representing Marvin Montgomery, requesting a 17.5 foot variance from the required 50 foot side yard setback to 32. 5 feet for property located at 5445 Shirley Street in Sec. 11, T49S, R25E. (Continued from the meeting of 8/22/95) (7) Petition CU-95-4, Dr . Nena J. Spagna of Florida Urban Institute, Inc ., representing Richard D. Craig, requesting Conditional Use "7" and •10• of the "A" Rural Agricultural District for a church and school for property located on C. R . 951 approximately 33 0 feet north of Vanderbilt Beach Road in Sec . 34, T48S, R26E. (Continued from the meeting of 8/22/95) (8) Petition CU-95-6, Robert F . Rogers of Cummings and Lockwood, representing the Sunrise Academy Private School , requesting Conditional Use "1" of the "E" Zoning District to allow for a church for property located on the east side of County Barn Road and approximately 300 feet north of Crews Road in Sec. 8, T50S, R26E. (Continued from the meeting of 8/22/95) (9) Petition SV-95-3, Mark Minor representing General Building Corporation requesting a variance from the required one (1) double faced sign not to exceed 32 square feet to allow two (2) single faced signs not to exceed 32 square feet per sign for a model home located at 6562 Trail Boulevard, in Pine Ridge Subdivision . (Continued from the meeting of 8/22/95) (10) Petition V-95-13, Peter R. Comeau of U. S. Home 7 ---------··· ··----·- Res. 95-529 Adopted 5/0 Res. 95-530 Adopted 5/0 Res. 95-531 Adopted 5/0 Continued to 9/19/95 Res. 95 -532 Adopted 5/0 Denied 5/0 Denied 4/1 (Commsr . 16.D.8.d Packet Pg. 1033 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release) Corporation, representing Robert M. Lindsay, requesting a 3 . 9 foot after -the-fact variance from the required 10 foot rear yard accessory structure setback to 6 .1 feet for property located on the north side of Lely Island Circle on Lot 61 in Sec . 27, T50S, R26E. (11) Petition V-95-12, James M. Boswell, II , requesting a 5 foot variance from the required front setback of 25 feet to 20 feet and a 5 foot variance from the required rear setback of 25 feet to 20 feet for property described as a portion of Lot 16 , Block "F" and a portion of Lot 11, Block "H", Replat of Unit No. 3, Little Hickory Shores. ( 12) Appeal of a Growth Management Plan interpretation regarding the Maximum Residential Density within a Mixed Use Activity Center located on Marco Island within the Urban Coastal Fringe Area subdistrict . B. OTHER ( 1) Petition CU-92-4, William Senkevich of Tempustech, Inc., requesting extension of a Conditional Use approval, granted September 8, 1992, for Conditional Use 5 (Cluster Development) of Subsection 2 .2 .4 .3 of the Land Development Code . (Continued from the meeting of 8/22/95) (2) Petition CU-94-4, Ronald J . LaFlemme, representing James Billie , requesting an extension of a Conditional Use "23" in the "A" Agricultural Zoning District to allow for a museum and Indian cultural facility that has previously received Conditional Use approval, for property located on the south side of U.S. 41 and approximately 3 miles east of the Port of the Isles in Sec. 13, T52S, R28E, consisting of 10 acres. 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 15. STAFF'S COMMUNICATIONS 16. CONSENT AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item . If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. 8 Mac' Kie opposed) Res . 95 -533 Adopted 5/0 Continued to 10/3/95 Continued to 9/19/95 Res. 95-534 Adopted 5/0 Approved and/or Adopted 5/0 Except 16Al (Commisisoner Mac'Kie abstained) 16.D.8.d Packet Pg. 1034 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release) A . COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES (1) Recommendation to approve the final plat of "Walden Shores". (2) Recommendation to approve Lien Resolutions for the following: (a) Compliance Services Case No . 41212-028; owner of record -Douglas L. Carter & Sandra G . Carter. Withdrawn (b) Compliance Services Case No. 50303-023; owner of record -Al Gallman. (c) Compliance Services Case No. 50516-035; owner of record -Daniel Castro & Gisela Castro. (d) Compliance Services Case No . 50519-019; owner of record -Thomas D. Saylor & Robert A. Saylor . (e) Compliance Services Case No . 50609-016; owner of record -Mon Reve Holdings Inc. ( 3) Recommendation to approve for recording the final plat of "Silver Lakes Phase Two-B". (4) Water Growers . facilities (5) Water facilities Maintenance Facility . acceptance acceptance for Naples Tomato for Stonebridge (6) Water and sewer facilities acceptance for the Orchards, Phase Two . ( 7) water and sewer facilities acceptance for Pelican Marsh, Unit 6, Phase 2. (8) Water and sewer facilities acceptance for Pelican Marsh, Unit 9. (9) The Board of County Commissioners authorize waiver of road impact fees, library system impact fees, parks and recreational facility impact fees, emergency medical services system impact fees, and educational facility system impact fees for twenty (20) single family houses to be built by Immokalee Habitat for Humanity , Inc . in The Highlands Habitat Subdivision in Immokalee and to fund said waivers from Affordable Housing Trust Fund, Fund 191 . 9 Construction and Maintenance Agreement (Commissioner Mac'Kie Abstained) Res. 95-491 Withdrawn Res. 95 -492 Res. 95-493 Res. 95-494 Credit Letter of Construction Maintenance Agreement Letter of Credit Cash Bond and and Res. 95-495 95-514 thru Res . 16.D.8.d Packet Pg. 1035 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release) (10) Recommendation to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "The Verandas at Tiger Island Unit One•. (11) Recommendation to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Lely Barefoot Beach Unit Four". B . PUBLIC WORKS (1) Petition AV95-015, Blair Foley as agent for owner, Vineyards Development Corporation, requesting vacation of a utility easement located on Tract CH, of the Plat of Vineyards Unit One, as recorded in Plat Book 14, Pages 67-74, and as recorded in Official Record Book 1318, Page 2070, of the Public Records of Collier County, Florida (2) Recommendation for approval of Amendment No. l to the Professional Services Agreement with Coastal Engineering Consultants, Inc., to provide professional engineering and surveying services necessary in performance of annual monitoring requirements for the Marco Island Beach Renourishment project (3) Recommendation for approval of Work Order #CEC-8-S with Coastal Engineering Consultants, Inc ., in the amount of $24,680.00 to perform professional land surveying services for the Wiggins Pass Maintenance Dredging Project (4) Recommendation to initiate work orders under the annual surveying services contract to document peak stormwater elevations in various parts of the County caused by Tropical Storm "Jerry" (5) Award contract to construct disinfection facility upgrade for South County Regional Wastewater Treatment Facility, Bid 95-2395. C. PUBLIC SERVICES (1) Recommendation that the Board of County Commissioners approve the transfer of funds from one cost center within the Library budget to another cost center within the Library budget. (2) Recommendation that the Board of County Commissioners approve a request for the increase of the dollar amount for Contract #94-2199 for the Parks and Recreation Leisure Line publication . (3) Recommendation that the Collier County Board of Commissioners accepts the conveyance of a land interest 10 Res . 95-515 Res. 95-516 Quitclaim Deed and replacement Easement To Mitchell & Starke Construction in the amount of $174,022 In the amount of $5,500 Warranty Deed 16.D.8.d Packet Pg. 1036 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release) from the East Naples Civic Association for use as a neighborhood park. D . SUPPORT SERVICES (1) To obtain Board authorization for the Chairperson to execute an agreement between the Boar d of County Commissioners and Focus. Moved to 801 (2) To seek Board approv al of a resolution adopting terms for the members of the Council of Economic Advisors. (3) Report to the Board of County Commissioners concerning the sale and transfer of items associated with the County auction of July 29 , 1995 . (4) Recommendation that the Board of County Commissioners approve an amendment to the lease with option to purchase agreement between Lease Resource, Inc . and Collier County Government and authorize the Chairman to execute the amendment . (5) Recommendation that the Board of County Commissioners become a sponsor of the Naples Free-Net . (6) Recommendation to execute a work order for the first phase of a work order for architectural services for the expansion of the Tax Collector 's Office. E . COUNTY MANAGER (1) Approval of Budget Amendments F . BOARD OF COUNTY COMMISSIONERS G . MISCELLANEOUS CORRESPONDENCE (1) Miscellaneous Items to File For Record With Action As Directed H. OTHER CONSTITUTIONAL OFFICERS I . COUNTY ATTORNEY 17. ADJOURN 11 Moved to 8Dl Contribution in the amount of $1,200 BA 95-490 thru 95-492 ; 95-497; 95 -498; 95 -502 thru 95-504; 95 -512 and 95 -513 16.D.8.d Packet Pg. 1037 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release) 1976381 OR: 2100 PG: 1849 11CORDID in OFFICIAL WORDS of COUIIR COMM, R 09/19/95 at 00:37AK DMIGBT 1. BIOC1, CL111 RIC 111 33.00 COFIIS 1.00 Reta: CL111 TO TII BOARD AGREEMENT FOR WAIVER 03 71101FICI 5T1 FLOOR 11? 1240 COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this /ate day of qj�. , 1995, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilit3e Tact. Fee Ordinance; Collier v 14" XIJ County Ordinance No. 91 7"s amends the Collier County Emergency Medical S4rv�;es__system Imp et y Fee Ordinance; Collier County Ordi4anoe--No.�2?, a amndd, the Collier County Road Impact F e k Drdirtanc ; 11"ier Cpunty Ordinance b,j No. 92-33, as am�nd0dthe Co ier� Cp�Y Educational we ,s Facilities System ImpA. �ee 0rdinance'„a,s A may be further amended from time to tim�,r)_1oreinafter ci edtively referred to as "Impact Fee Ordinance", prvid it r,iaivers of impact fees for new owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and - i - OR: 2100 PG: 1850 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 95-� at its regular meeting of , 1995; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION -.{ gl, description of the dwelling unit (the "D e ng. Unit") ", J -attached hereto as Exhibit "A" and incor,port'�i y -" ern hren. 3. TERM. OH remain as affordabl accordance with the the Impact Fee Ordi s set f for a peri 1 commencing from the date 'tet�1at for the Dwelling Unit.PµTM..,,"` 4. REPRESENTATIONS AND WARRANTIES. warrants the following: a ell;ing Unit shall offered for sale in in",,' -the appendices to fifteen (15) years occupancy is issued OWNER represents and a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; - 2 - OR: 2100 PG: 1851 b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3.929.52 dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owe` : (� -WNJR, OWNER covenants and agrees to 3 I with <`t�4";�affordable housing impact fe Iver qua1 f ication criteria deta i led.i-� e �r t w F Orciinnce . A It `. a s t 5. SUBSEQUENT€ T, SF R E�N�t s411 the Dwelling t q Unit subject to t4 \impact fee ,aa1v*r il,U a subsequent purchaser, the Dwell i A%iit shall be,oid,o�ly to households meeting the criteria set h,inn the. m arc Fee Ordinance. n s� -IT 6. AFFORDABLE REQUIR�i� _ eµ"Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the - 3 - OR; 2100 PG; 1852 termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER 2� Records of Collier County, Florida, within (teen (15) dies= after execution of this Agreement by ihW� U irma­n -of theBurd of County Commissioners.`` E £ 4E , il. DEFAULT.WI�t°1 iip ik�x defult` this Agreement N w � (1) where OWNER fails t sell the Owi�,liig '`ii�t in accordance with the affordable1\�'rn,sing standards at�d qualification criteria established in t Imrcct t'rnance and thereafter fails to pay the impact fees due'w"thin thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of - 4 - OR: 2100 PG: 1853 occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement,pl , rt, t4' at the statutory rate g�" a calendarayasis until paid. for judgments calculat IN WITNESS;` W4-'EK40yr , Agreement for Waive Y above written. Witnesses: , Print Name � sw Print Name tdd t/i/t SII kLL DATED: ✓2, / �fS ATTEST: DWIGHT E. BROCK, Clerk i if% Approved as to form and legal sufficiency 9-91dl—F*Ashton Assistant County Attorney ies, ave executed this ate and year first OW ERS IMI+ICALF t.:HABITAT FOR HUMANI'k`' INC. Cha les C. S Vice President BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: c TTYE J MATTHEWS, CHAIRMAN - 5 - OR: 2100 PG: 1854 STATE OF Florida ) COUNTY OF +g11ier ) The foregoing instrument was acknowledged before me this day of - 1995, by Charles C. Smith. Vice preside*+ q$�MMokalee Habitat for Humanity. Inc. He is personally known to me. (NOTARIAL SEAL) Si.g atuXe of Person Taking doe214 Name of Acknowledger Typed, Printed or Stamped =,37 BEY OF FLORIDA • CC376465. MAY 30,1998 w, iA _ , s "y j � day *** OR: 2100 PG: 1855 *t* EXHIBIT "A" Lot 1, Highlands Habitat Subdivision, according to the plat thereof, recorded in Book Plat Boo+17� �-, Page g'- / of the Public Records of Collier County. lets; 1916383 OR: 2100 PG: 1863 uc rI, 33.00 CLIRI TO THI 80AID RICOIDID is the 0111CIAL 11CORDS of COLLIII C0017Y, IL COlIIS 1,00 I171101FICI STH tL001 01/11/15 at 01;31AM DVIGIT 1. BROCK, CU1K It? 1140 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this /fit day of , 1995, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilitie ,Impact Fee Ordinance; Collier County Ordinance No. 91�-�,s ame�c,��he Collier County �V Emergency Medical S0rvic __._System Imp ct y Fee Ordinance; Collier County Ordinanc,6 No 22 a'O amended, the Collier County Road Impact Fee 'Ori inen eq 14 r County Ordinance r No. 92-33, as amId,�` the Gofer Cp�ty Educational Facilities System Impa�Ordinanceia; by may be further amended from time to tim ioreinafter co fi ctively referred to ��`, M aact Fee Ordinance", of impact fees s "Impact P_il � for new owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and - 1 - OR: 2100 PG: 1864 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 95-1 at its regular meeting of , 1995; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION=v'i description of the dwelling unit (the "DwerngUnit")ttached hereto as Exhibit "A" and incor, or t 4 by4�r=e. e q- ce h re' n. 3. TERM. OWI`ERt ag°A D:lling Unit shall remain as affordabl u i bid ` h, 11 aef offered for sale in accordance with the ndards set forth in'te appendices to the Impact Fee Ordina�$ for a period"ffifteen (15) years commencing from the date tie $*€tirt�f iat'f occupancy is issued for the Dwelling Unit.' 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; - 2 - OR: 2100 PG: 1865 b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3.929.52 dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed a,by OWNER, OWNER covenants and agrees to affordable housing ON impact _ wee waiver qu° I cation criteria detail=ed 'in they: Impact k,ee O) i, nce. 5. SUBS Unit subject to purchaser, the Dwell'i meeting the criteria s NSFVR 'I f , PW c 5 i f w Unit shall bid'; �fbrth in the In llp the Dwelling 3 to a subsequent iy to households 'ee Ordinance. 6. AFFORDABLE REQU'2Elt-�^wielling Unit must be utilized for affordable housing for afifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the - 3 - OR: 2100 PG: 1866 termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER fih� �a Records of Collier ON County, Florida, within %;ifteen (15) dA+:* -,after execution of the h.M4 this Agreement by 1 � `, rjiran-­ �f-,� th Board of County Commissioners. c 5 7 11. DEFAULT. x derja4lt`;oE this Agreement (1) where OWNER fail � p sell the D ,_,ling � ,it in accordance with the affordable\-- busing standards an qualification criteria established in tx rp"6aact Fe d nance and thereafter s� Y fails to pay the impact fees due'Mwith^in thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of - 4 - OR; 2100 PG; 1861 occupancy or until repaid. such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement,lvl�at t -t the statutory rate ON for judgments calculated calendar dams until paid. IN WITNESS Agreement for Waiver/of 1 11111, above written. Witnesses: - .4 Ij Pkint Name / , -1 , � I - Pr nt N e 1,4,jk 11, DATED : 4,499, ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Rbidt F. Ashton X, Assistant County Attorney ies 'have executed this tee and year first J OWNERS IMMdKA-U HABITAT FOR HUMANI .s`TNC. It / rles C. Sm h, Vice'President BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: \ �� ETTY J. TTHEWS, CHA AN - 5 - OR: 2100 PG: 1868 STATE OF Florida ) COUNTY OF Collier ) The for day of r. President of known to me. nt was acknowledged before me s , 1995, by Charles C. Smith. V� tat for Humanity. Inc. He is personally [NOTARIAL SEAL) Signature of Person Taking Ack "wledgment dOC214 Name of Acknowledger Typed, Printed or Stamped FFIC� '!! L NOTARY RIAL JOANNE DA1-3EY NOTARY PUBLIC STATE OF FLOBIMA, Ct11,1MI1 ;:()\ NO. �:ClTcAb5 N1Y t ).14.%".;.=!c »+ VP, MAY 30 t4S,'S y j F *** OR: 2100 PG: 1869 *** EXHIBIT "A'I Lot 3, Highlands Habitat Subdivision, according to the plat thereof, recorded in Plat Book �2 , Page G / of the Public Records of Collier County. Ietn: CLIRI t0 i81 BOARD IMIOFFICI STH FLOOR 117 1240 1916384 OR; 2100 PG; 1810 uc In 33.00 RICORDID in the OFFICIAL RICOUS of COLLIIR COUNTY, FL COP113 1.00 09/19/95 at 09:37AK DVIGBt 1. BROC1, CL111 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this/�.j:- day ofdm,�, 1995, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Faci]wate miorFee Ordinance; Collier ., r i . County Ordinance No 9�-�, as amen f"" v he Collier County Emergency Medical $,ervices -°System Impt Fee Ordinance; 1 17 Collier County OrdilanCp tIo 2 �ndd, the Collier County Road Impact Fee ��,Ordi arce, r 3 Cd 11ie County Ordinance No. 92-33, as am6' d, the Col er: CbUn� 1 t Educational sc may be further Facilities System Impa dee Ordinance,, y y 4, m amended from time to timQ IJ nafterectively referred to as "Impact Fee Ordinance", pr"ovidl.-4ar waivers of impact fees for new owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and OR: 2100 PG: 1811 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 95-_A/L,? at its regular meeting of /2, 1995; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTIOff - description of the dwelling unit (the "Dw Ai. Unit") i e -a tached hereto as Exhibit "A" and incorporited y "re'feyr4rkce h rein. 3. TERM. OWNER' t a a j �:s3" uthJI 11 ng Unit shall /ffer � 3 4� remain as affordabl4 'wsrhrdh�ll ire ,oed for sale in accordance with the ,t'�"dards set forth irv, .tt�e appendices to ,.4. >. c. the Impact Fee Ordinaiie'°„for a period f'f Yfteen (15) years commencing from the date the ppr- 2f"t1d, occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; - 2 - OR: 2100 PG: 1872 b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees toonr�3� rh+ affordable housing ON impact fee' waiver qi%l tation criteria detailedn'),ult�k ,IJ -Pee 0 div4ance. 5. SUBSEQUENTdk TANS`pYIE 49ells the Dwelling � H," dy Unit subject to t�h"0;,;'�i`mp xwai e a subsequent S =F. purchaser, the Dwell tick, Unit shall b �� sold `4t0ly to households meeting the criteria s1 f°t�th in the Imps dee Ordinance. 6. AFFORDABLE REQif2E[i�=Th ',�7welling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the - 3 - OR: 2100 PG: 1813 termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall. remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER Z€al Records of Collier .. � V ON 4. County, Florida, withi, f"fifteen (15) 'daafter execution of this Agreement by i1tho' '1­Chazrma..n.. of t oard of County Commissioners.{ 3 r il. DEFAULT. defaU1t, of this Agreement (1) where OWNER fail, ,'to sell the D ; 11 J ng, b' it in accordance with the affordabl � using stand rls nd qualification criteria established in, rpact,Fee x dinance and thereafter fails to pay the impact fees'due "thin thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of - 4 - OR: 2100 PG: 1814 occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement,t the statutory rate for judgments calculated","6n-'a calendar aa�iasis until paid. IN WITNESS,,°`WHER E 4the.. parties ha e executed this It t R► a Y Agreement for Waiver, oft t► d t and year first above written. OW Witnesses: t �,PRS HABITAT FOR Print Name r� HUMAHuf,�,-�INC. Pr nt Nalte &L40ir CA ­U'4 Afi-k! Ch Ires C. SM4,6 h, ice 1resTdent DATED:, ���J BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK,.Clerk r By'ETTY J MATTHEWS, CHAIRMAN Approved as to form and legal sufficiency el As ton Assistant County Attorney - 5 - STATE OF Florida ) COUNTY OF Collier ) The fo� day of c<0 President oA known to me. [NOTARIAL SEAL] doc214 OR: 2100 PG: 1875 ing .instrument was acknowledged before me this<� 1�L� , 1995, by Charles C. Smith. Vlce�- mokalee Habitat for Humanity. Inc. He is personally Name of Acknowledger Typed, Printed or Stamped 1'F I IKE-NOTARY Y S JOANNE DALUEY tiufAa' PUF11C ` 1'ATF OF FLORIDA {'oJ.A15S.0V NO. CC37Mbi MY Co.%PAIS�10 J P01. MAY 30,1998 $ Y y a ! Y } j =W *** OR: 2100 PG: 1876 "t EXHIBIT "All Lot 4, Highlands Habitat Subdivision, according to the plat thereof, recorded in Plat Book �, page w"'/ of the public Records of collier county, \ ; \ , . � \\ .\< � � \ \/ ( ; }� Beta: CL11t t0 T81 BOARD IM711011IC1 571 1LOO1 It? 7240 1976385 OR; 2100 PG; 1877 13C 111 33.00 RICORDID is the OE?ICIAL RICOBDS of COLLAR CODB41, IL COlIIS 7.00 09119195 at 08:I7AN DYIGM7 I. 81OCt, C1111 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this/, -2Z-& day of�4tz_, 1995, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilit'e in ac,t Fee Ordinance; Collier County Ordinance No. 51 as amen ;the Collier County Emergency Medical psrv,lpes _..System Impact-\\ Fee Ordinance; Collier County Ordinance, � am nded, the Collier , County Road Impact iee,,0�dihahco,l r County Ordinance No. 92-33, as amended, the City Educational Facilities System Imp4c�t,Fee Ordinanc+ �„ pis ti hey may be further amended from time to tiu.+einafterlectively referred to as "Impact Fee Ordinance", pr,6 � r` waivers of impact Lees for new owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and - 1 - OR: 2100 PG: 1878 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 95-0at its regular meeting of , 1995; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTIOe�'9 description of the dwelling unit (the nit"} isle"atached hereto as Exhibit "A" and incorporated by refe rs a he ein. 3. TERM. OWNER are' Atha t �elling Unit shall t ° i. remain as affordable ,011 byw Meed for sale in accordance with the ndards set fort in 4the appendices to the Impact Fee Ordinan,�e` por a periods fifteen (15) years commencing from the date t��ef` occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; - 2 - OR: 2100 PG: 1879 b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to mpg riti idle affordable housing impact waiver cru'=i'ication criteria detaiJ,,ed ,in;: tahe M4 � �mpa�t;��ee Odiance. 5. SUBSEQUENT;= ,AN TE,�"s��:sels the Dwelling d 5 � t q Unit subject to ttr� k t!?pe x w ivr to a subsequent purchaser, the Dwell ti,\,Unit shall b sold'oniy to households meeting the criteria s* -forth in the Ipat.. ee Ordinance. 6. AFFORDABLE REQUII2EIt3' Tfe''Dwelling Unit must be utilized for affordable housing�`'a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the - 3 - OR; 2100 PG; 1880 termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER f� a Records of Collier f County, Florida, within"i"Ifteen (15) dA s after execution of this Agreement by ihe/ ' h irmarr° o the', Board of County Commissioners. N``� i i 11. DEFAULT. tW�°s,b i def*u�'lt11 this Agreement Y (1) where OWNER fail t tq sell the Dw�llir�g V1t in accordance j with the affordable � fio sing standard' and qualification criteria established in �UJ. t Fe f lance and thereafter fails to pay the impact fees due ­within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of - 4 - OR; 2100 PG; 1881 occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus nithe statutory rate for judgments calculated fa calendar basis until paid. IN WITNESS1H,�tli,.n_„patieshae executed this t Agreement for Waiver of Tmact 3e�n �hteY and year first above written.kk Witnesses: OWNERS iABITAT FOR Print Name HUMANIT �rNC. "Print Na a ►�I,t�tu� ,:,...� ,,i . Ch es C. Sm Vice resident DATED: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency H6idi-F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i By: TTYE J MATTHEWS, CHAIRMAN - 5 - OR; 2100 PG; 1882 STATE OF COUNTY OF The fo"going instrument was acknowledged before me this -t> day of C_� 1995, by Charles C. Smith. Vice President of mmokalee Habitat for Humanity. Inc. He is personally known to me. [NOTARIAL SEAL] Signatu of Person Taking Acknc#ledgment Name of Acknowledger Typed, Printed or Stamped dw214 OFFICIALA A. JOANNE CALBFY NOTARY Ptin.w STATF oF FLORIDA CORVX-SION NO. CL31646 tity rt i.4VI�aUS!ON UP. MAY,10.1098 L 4iy" 1. Ts ' w.ti„Y' .. *** OR: 2100 PG: 1883 *** EXHIBIT "A' Lot s, Highlands Habitat Subdivision, according to the plat thereof, recorded in Plat §ook,� zz , page ggl,'l of the public Records of collier County. \ ; \ , . � \\ .\< � � \ \/ ( ; }� • ,etA: 1976387 OR: 2100 PG: 1891 1,C !n 33.00 CW RL TO T11 BOAID 11CO1DID in the 011ICIAL 11CO1DS of COLLIII 000171, IL COlIIS 7.00 IR110«ICI 5TH IL001 09/19/95 at 00:37AK DMIGHT 1. B10C1, CL111 IIT 1240 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this ia: day of14 2t , 1995, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilitlies Impact Fee Ordinance; Collier County Ordinance No. 917, Emergency Medical Se�rvidesn. Collier County Ordinance mRNo. amene''ci, °°the Collier County stem ImpaIf ct Fee Ordinance; as amdpd4d, the Collier County Road Impact Feeriinop ne, �n" C'ler County Ordinance � ,�.AF 1 k No. 92-33, as amend, the"i�ier Qty Educational Facilities System Impa" dee Ordinance,as ty may be further amended from time to tim 1 reinaf ter co lectively referred to t. "Impact ", i d . as Im act Fee Ordinance "Pr", waivers of impact fees for new owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and �1� OR: 2100 PG: 1892 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNERO embodied in Resolution No. 95-,;CiL/ at its regular meeting of , 1995; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTIQNT� ,j description of the dwelling unit (the "Dw i�s° ng Unit") A" tached hereto as Exhibit "A" and incorporated by 4retrereii a he''rei i. 3. TERM. OWNER fe'A ff�o " °- `'tha4 " D fi"e ll ng Unit shall 4� remain as affordable 11sn ha,�al b0 ofed for sale in accordance with the "irdards set fok,h 1n°'t appendices to the Impact Fee Ordinan'i�°for a period o fk°fteen (15) years � v � sr commencing from the date therlf=° eo occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; - 2 - OR; 2100 PG; 1893 b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed yby agrees to scolY��� impact# waiver detailed in.th ImpaC 5. SUBSEQUENT Unit subject to t purchaser, the Dwellki meeting the criteria s OWNER, OWNER covenants and affordable housing 5C ON 9.. ctuali ication criteria it shall be� xth in the I a Ordidonce. t °ee11S the Dwelling ,a•• 2 3 E .Ver 1 too a subsequent oid a c t"y to households 0s e Ordinance. 6. AFFORDABLE REQUIREK"EN . ,'�3 tilling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the - 3 - OR; 2100 PG; 1894 termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER �0" at the expense of OWNER,-l",� 61 Records of Collier i \• County, Florida, within fifteen (15) daafter execution of this Agreement by f''thd h'&kirm4n o'f th e Board of County Commissioners.' il. DEFAULT. iN ibe, 14, de er it tdf this Agreement (1) where OWNER fail , sell the Dwe*ling :Knit in accordance with the affordable pus ing standars C ", nd qualification w criteria established in th'e, I�tt t� O�"x'd"finance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of - 4 - OR; 2100 PG; 1895 occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, p3uv�6t(eif ,t the statutory rate for judgments calculated,°°- calendar a<is until paid. IN WITNESS ;,WHE, tQ-F� thewpar'�ieshave executed this r � � t t Agreement for Waiver soft I� t See` ate` and year first 11above written. N, L' Witnesses: OWNI� ',RS C- W. IMMO"1rE `i C. TAT FOR Print Name i�� �..�� u s HUMAN,I' �NC. Print Name �f«�«u� �.�,..u.r, .��.IL Charles C. Sm ,/Vice Fresi.dent DATED: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency e1 1 F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: e.G �.. ETTYE TTHEWS, CHAIRMAN - 5 - OR: 2100 PG: 1896 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this yg / 1995, by Charles C. Smith, V President o mmokalee Habitatfor Humanity, Inc. He is personally known to me. (NOTARIAL SEAL) Signatur,�,of Person taxing we doe214 Name of Acknowledger Typed, Printed or Stamped MKIAL KOTARY .5FAI )(111' NE DAI fizY MY IAP, MAY T1 I(W e 3I"' rr '\ ! ", ` ."D p' '� aA `�E•"a' a _� �r *** OR: 2100 PG: 1897 M EXHIBIT "All Lot 7, Highlands Habitat Subdivision, according to the plat thereof, recorded in Plat Book L,2:; 11 , Page El of the Public Records of Collier County. Iota: CLIRL TO TBI BOARD II711011ICI 578 FLOOR 11? 7140 1976389 OR; 2100 PG; 1905 HC 111 31.00 RICOIDID is the OIIICIAL RICOID3 of COLLIIR COVVY, IL COPII3 7.00 09/19/95 at 01:37AN DVIG87 I. BIOCI, CLIII AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this/ojL.,(_ day of zaz:, 1995, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilit,i,e-s IrmpAct Fee Ordinance; Collier IR, County Ordinance No. 91-x'7ae4,;the Collier County Emergency Medical Serves System Im ct Fee Ordinance; Collier County Ordlnanoe No 92� 2, ,s amend d, the Collier ;. A County Road Impact Fee 101«iiinatc a�J,"er County Ordinance No. 92-33, as am Rad' d— "" x t7re ol%ie i d t y Educational Facilities System Impar Fee Ordinance 'as t, may be further amended from time to ti he inafter Qo'11141e ively referred to as "Impact Fee Ordinance"," Pr0l' 4 M f Waivers of impact fees for new owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and - 1 - OR: 2100 PG: 1906 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 95-f4.3 at its regular meeting of ,/.Z , 1995; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION"-v'�;Ifal � description of the dwelling unit (the "Dwe ingUnit"') "ttached hereto as Exhibit n A oand incorr or ted by4 retearence h re n. f 3. TERM. OWiERtaQ �eti t2 " welling Unit shall remain as of fordable . iibu inxg end he f o e ed for sale in 7e accordance with the st4ndards set forth in/"the appendices to the Impact Fee Ordinal e, for a period"f`fi'fteen (15) years commencing from the datefoccupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; - 2 - OR: 2100 PG: 1901 b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to c'" fthe affordable housing impact f waiver gpah fication criteria detaii,�d ijithe'"°LmpAgt,-,Fee rd�`nance. t 5. SUBSEQUENT`t Tf�S1t 7�FR; \l .w®els the Dwelling LAI Unit subject to!mpc e°e wavy tt a subsequent purchaser, the Dwell; o, Unit shall sdld,c%"1 y to households Jil �- meeting the criteria r° orth in the Irapa tFee Ordinance. 6. AFFORDABLE REQing Unit must be utilized for affordable housing °µ€o°TTa fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the - 3 - OR: 2100 PG: 1908 termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER 4�i Records of Collier ,. A, County, Florida, within j,f'teen (15) "after execution of this Agreement by the Cho rhran-w-.-. _ th Board of County Commissioners. 11. DEFAULT. OAR° sl� bipdefatlt Lo this Agreement 4 (1) where OWNER fail', sell the Dw�,11iBg YUpt in accordance with the affordable � ' ing stands d ""d qualification criteria established in th�Y I a Few Qnance and thereafter n fails to pay the impact fees deMwthin thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of - 4 - OR; 2100 PG; 1909 occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, W,l� to Otr at the statutory rate ON for judgments calculated o s°a calendar da i*is until paid. IN WITNESS Agreement for Waiver'of// above written. Witnesses: Print Name tie"° p'aies 'iav* executed this ee 'd4te` and year first Print Nbme rJ, j,fL- t �l.��..:, .►—iJ DATED: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Idl F.„ s on Assistant County Attorney OWNERS: "V IMMOKAt9E , ABITAT FOR HUMAt�Tiii ANC. Charles C Sm z , V1 President BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By : L' tr i ETTY J MATTHEWS, CHAIRMAN - 5 - OR: 2100 PG: 1910 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of _ .= , 1995, by Charles C. Smith. vig& President o Immokalee Habitat for Humanity. Inc. He is personally known to me. (NOTARIAL SEAL) S g -nature I .0f Person Taking Ackno ledgment Name of Acknowledger Typed, Printed or Stamped !ATNL r.,A ;C"%v'4 ^.1l IFY [-NX-(k10Y i�C" t.lC �1.�f8 aFf!t.Ka'A C MN, 55wi\NO. CC:17o465 CMM1SM UN EXP. MAY 30.1958 dm214 *** OR: 2100 PG: 1911 EXHIBIT "All Lot 9, Highlands Habitat Subdivision, according to the plat thereof, recorded in Plat Book � �, page _L_1 of the public Records of collier County, \ ; \ , . � \\ .\< � � \ \/ ( ; }� • Leta. CL111 TO T11 ROAD IMfl1011IC1 $TI IL001 IIT 1240 1916390 OR: 2100 PG: 1912 ne it, 33.00 IICOIDID in the 0111CIAL UCOIDS of COL1111 C00171, IL COl111 1.00 09/19/95 at 01;31AN DVIGIT I. 610C1, CL111 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this /,2_tZ, day of, 1995, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational FacilXitl,epact Fee Ordinance; Collier County Ordinance No. 91 .,F as amend`6'- the Collier County Emergency Medical S rv;L­,­System Imp pt Fee Ordinance; Collier County Ordianoe1�. X92 2 ads am ndod, the Collier ra County Road Impact Fee ;(O dinance; ) � ��� er county Ordinance "\ � x � No. 92-33, as am d�d,n the Coier City Educational V ,s Facilities System Imp&ee Ordinances a'sy may be further amended from time to times; reinafter :c ectively referred to as "Impact Fee Ordinance", waivers of impact fees for new owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and - 1 - OR; 2100 PG; 1913 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 95-�� at its regular meeting of �� 1995; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTIO,?C � description of the dwelling unit (the "lwl''1°ing Unit") s attached hereto as Exhibit "A" and incorporat4d 4°re'fer i e hill ce%n. s � 3. TERM. OWNER arYs,utati` J*ling Unit shall remain as affordable ho4s,"i "' A sell b o f ed for sale in accordance with the �ndards set fo h in', appendices to >. the Impact Fee Ordinate °dor a period ,of' Ifteen (15) years commencing from the date tie ��fi�+cf occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; - 2 - OR: 2100 FG: 1914 b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3.929.52 dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees ton �th iti affordable housing o ON e" impact dee° waiver qu l"k' cation criteria detailed yin .tom MImpa J_'�ee O diriance. 5. SUBSEQUENT,TIRAIIS-` P19'�'� �\ \ !,Oa e11the Dwelling d 5 , Unit subject to the; 1',ip t' fed `kxwai'e J' a subsequent purchaser, the Dwell ,0\Unit shall b /,.soid /on� y to households meeting the criteria s6�tf­torth in the Im Q Fee Ordinance. 6. AFFORDABLE REQUIREIIFl2 e'wllinq Unit must be utilized for affordable housing_f"orfifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the OR: 2100 PG: 1915 termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER 7f1 Records of Collier County, Florida, within fteen (15) d sfter execution of this Agreement by the hait�.ww.,.. off, th hoard of County commissioners.° E 11. DEFAULT. WNRsrl�e�it"dei�lt� of this Agreement (1) where OWNER fail P sell the DJs11i g t t in accordance with the affordable;' �busing standards a.hd qualification criteria established in Lat Feerhance and thereafter fails to pay the impact fees cu atiin thirty ( 30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of - 4 - OR; 2100 PG; 1916 occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, .p1 krarhtler m-, a for judgments calculated o, ,.. a calendar da IN WITNESS .WHEi1kQF � the'° par`es Agreement for Waiverkof iipt 3eh Nf V above written. Witnesses: N''R 1 I MMO"'if Print Name i t, HUMAN-I'"i F 44 7IV Print Na egi.l1t' _ .Y�_ �,c h !�, , �, i.1 B� DATED: ATTEST: DWIGHT E. BROCK,o.Clerk Approved as to form and legal sufficiency r Hbidi F. Ashton Assistant County Attorney the statutory rate `sis until paid. executed this teland year first }HABITAT FOR /INC. c. sm , )Vice. Vresident BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1 BY: ,� �, ✓/ ETTYE J. MATTHEWS, CHAIRMAN - 5 - OR: 2100 PG: 1917 STATE OF Florida ) COUNTY OF Collier ) The forgoing instrument was acknowledged before me this day of �� , 1995, by Charles C. Smith, yice�- gresident of Ii&okalee Habitat for Humanity. Inc. He is personally known to me. [NOTARIAL SEAL] Signature of.Person Taking Acknowl dW214 Name of Acknowledger Typed, Printed or Stamped NOTARY PUBLV SPA -M 01 COMMLSS;J:N NO MYCOMMERMON EW MAY.V,1991 '� aA `�E•"a' a _� *** OR; 2100 PG; 1918 *** EXHIBIT "All Lot 10, Highlands Habitat Subdivision, according to the plat thereof, recorded in Plat Book 'r� i", Page 4.1 of the Public Records of Collier County. . Ts ' w C' .. 1916451 OR: 2100 PG: 2112 RICORDID in OIIICIAL RICOIDS of COLLIII COUITI, tL OV IV 9S at 09:36AX DWIGHT B. BROCK, CL111 RIC I11 33.00 COPIIS 7.00 Retn: CLIRK TO TH1 BOARD IITIROPPICI STH ILOOI AGREEMENT FOR WAIVENT76t COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this/a2�& day of;, 1995, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities.. --Impact Fee Ordinance; Collier �`the Collier County County Ordinance No. 91 Emergency Medical S � es System Impact\ Fee Ordinance; Collier County Ordinance too92 2,s am ndd, the Collier County Road Impact Fee ,'di�arce,' 11er Clounty Ordinance `�l ierkL'Cbt niy Educational No. 92-33, as am 'nddi, ;`` i< may be further Facilities System Imp�}c*t,,Fee Ordinance, a t y amended from time to cs,,l ively referred to as "Impact Fee Ordinance p.Y "waivers of impact fees for new owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fee:i, as established in the Impact Fee Ordinance; and - 1 - OR: 2100 PG: 2113 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 95-,Y--64 at its regular meeting of 1 1995; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTIC3�_,l description of the dwelling unit (the '!,lalling Unit") attached hereto as Exhibit "A" and inco apo a pd by-Wrevfezepce�Y er`ein. 3. TERM. OWNER ate. bs # ening Unit shall remain as affordably ;t"cus ig a. d all I* 01"1 fired for sale in accordance with the�ndards set, the iie appendices to the Impact Fee Ordina(!�pfor a period o fifteen (15) years commencing from the date ,�e�, f, ate' of occupancy is issued for the Dwelling Unit.` 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee vrainance anu his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; - 2 - OR; 2100 PG; 2114 b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3.929.52 , dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to ccmpj wwi�i�the affordable housing ON impact e,, ��' waiver q�if4ication criteria detailed 1n. the 4 hti 'a-ct"-Tee O d trance. 5. SUBSEQUENT' TAANS1,0jj \ !'\OWNE s=e1I the Dwelling Unit subject to � l\, kx waiiver a subsequent purchaser, the Dwell ,Oq?,, Unit shall b ,,,sald'fly to households meeting the criteria s�ekorth in the Im"'"ct'„]Pee Ordinance. Ak 6. AFFORDABLE REQUEh�°��ewel ling Unit must be utilized for affordable housing-'f6ra fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the - 3 - OR; 2100 PG; 2115 termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNERsI"i ��fia Records of Collier County, Florida, withk this Agreement by /tr Commissioners. 11. DEFAULT. QWN (1) where OWNER f a i with the affordable�j criteria established in fteen (15) d"ay�`fter execution of hrman'"�: th hoard of County t r s bµ,i deialttf this Agreement sell the Dwl ln..ir'it in accordance using standa-'" and qualification nance and thereafter fails to pay the impact fees dµTMue___within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of - 4 - OR; 2100 PG; 2116 occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement,,-,"", - 0s at the statutory rate ON for judgments calculated of a calendar <a b sis until paid. IN WITNESS/ WH4"the�-'-pAtties, have executed this Agreement for Waiver o m act-4e(O's,''o'r, \t q fiat' Ek and year first `Y { 3 S, 3 above written. Witnesses: 04 0]0XRS V' i IMMO L E ,HABITAT FOR Print f HUMfl INC. int Name Ll' ((` [ of Til !C' } �a~/ — � �, `^ •�. � _ Print Nagle t, r-, ?'/g -1 i �►r es C. c esident ,r DATED: /.�, /SSS BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By "TTY TTHEWS, CHAIRMAN Approved as to form and legal sufficiency H di -F`. Ashton Assistant County Attorney - 5 - OR; 2100 PG; 2111 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this tea_ day of !ec110 1995, by Charles C. Smith. Vice President of I okalee Habitat for Humanity. Inc. He is personally known to me. [NOTARIAL SEAL] Signat of Person'Taking Ac}dt'lowledgmen docM Name of Acknowledger Typed, Printed or Stamped OFFI'MI-NOIARY FAL i. NOrtia•r 11 'r , ' r.A- ; I 1. Ts ' w.�..-Y' .. *** OR: 2100 PG: 2118 *** EXHIBIT "A" Lot 12, Highlands Habitat Subdivision, according to the plat thereof, recorded in Plat Book •'5 , page g'/ of the Public Records of collier county. \ ; \ , . � \\ .\< � � \ 91, 11 « \/ ( ; }� AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this /�� day ofp6cc�_, 1995, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilit..ies i-mpagt Fee Ordinance; Collier County Ordinance No. 9-�7r �Tas ainedhe Collier County Emergency Medical S0rv�-Ces__._,System Imp ct Fee Ordinance; Collier County Orair an0ie No _,9, 2, as amended, the Collier IF x ^n'm a �^ ,• k x County Road Impact leeOrdihar c' a� l er Cbunty Ordinance 4 k R, laE � ° fah x � 3 �.� � � No. 92-33, as amended` " t�`tre" 1ie�� �Co my Educational Facilities System Impi � >Fee Ordinanc �j as r Y may be further amended from time to ti a ,,,hereinafter co eEtively referred to as "Impact Fee Ordinance" Waivers of impact fees for new owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and 1916452 OR: 2100 PG: 2119 RICORDID in 011ICIAL RICORDS of COLLUR COUNTY, 1L 09119,195 at 09:36Ax DWIGHT I. BROCI, CLIA RIC 111 33.00 COIIIS 1.00 Reta: CLIRI TO THI BOARD INTIROIIICI STH 1LOOR 1 _ IIT 7240 OR; 2100 PG; 2120 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 95-2L6Z at its regular meeting of �u-Y, /� 1995; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTI(3N� �Ja� description of the dwelling unit (the "Owing Unit") i 1attached hereto as Exhibit "A" and incoroorted alt ref°eref�Fe he,eii. 3. TERM. OWNER au.rges€ta st�+dlling Unit shall � � � remain as affordablelt;s°a a sl bey offj ed for sale in accordance with the ,i�44dards set fo�',Ah in'�h6 appendices to the Impact Fee Ordinance' 'for a perioeen (15) years commencing from the date ietiefoccupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; - 2 - OR: 2100 PG: 2121 b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and IR agrees tos,d..bih affordable housing ON impact a °e waiver quAl tion criteria detailed fn,t-,he,,,Impact ,Fee Or Z-11xinance. 5. SUBSEQUENT TRAMS 1,f� WJ�R��ell� the Dwelling Unit subject to t to" Unit wane tom' a subsequent purchaser, the Dwelli�o?�°Unit shall be�'o]d �oy to households meeting the criteria se loth in the ImptsFee Ordinance. 6. AFFORDABLE REQUtk r�� Dw lling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the - 3 - OR: 2100 PG: 2122 termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER irr %�*l Records of Collier ON County, Florida, within fifteen (15) da" iter execution of this Agreement by the, hires, 011 th� 69ard of County Commissioners.;` ;. x fi 11. DEFAULT. QWN_ R is Al b 1 de lt` f this Agreement (1) where OWNER failo�'�to sell the Dw191ll gaUnit 1n accordance 4:e with the affordable 1\,Tidgsing stands s id qualification criteria established inl$"act .Fee Onance and thereafter fails to pay the impact fees dire- -1-i"i'in thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of - 4 - OR: 2100 PG: 2123 occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement,"",' �� ins -at the statutory rate for judgments calcul ted O a calendar d ',X --basis until paid. IN WITNESS Agreement for Waiver' of Imptatt above written. d 3 �� Y 4� ° Witnesses: Print Name, 0° Print NaM6 m,,ik-dr r j_4,.,j, A,,,, i,i DATED: ATTEST: DWIGHT E. BROCK, Clerk 4 : / - ?, V, L'� . - , ,q Approved as to form and legal sufficiency r- �.I He idi F . Ashton Assistant County Attorney ies ha !e executed this tt e 'c ate and year first OWE RS t F I MMOkkILE',„. HABITAT FOR HUMAN 4,INC. �rles C.t , Vic President I \ _ 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 13y: 51X4 ,BETTYE TTHEWS, CHAIRMAN - 5 - OR; 2100 PG; 2124 STATE OF Florida ) COUNTY OF (`bier ) The foregoing ingtrument was acknowledged before me this day of e -'T � , 1995, by Charles C. Smith. Vi ec President of Imm kalee Habitat for Humanity. Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking Acknowl doc214 Name of Acknowledger Typed, Printed or Stamped L�jTln►.i't: .!< _l.� Fr1.0xm. 11"L1CC.'.;'cAviY C().N!'XY. '"`*nx. } ^ys �i j$� .�' •mom% *** OR: 2100 PG: 2125 *** EXHIBIT "A" Lot 13, Highlands Habitat Subdivision, according to the plat thereof, recorded in Plat Book -� 5- , Page e' , of the Public Records of Collier County. I AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this /2� day of< c Z1, 1995, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities act Fee Ordinance; Collier v � County Ordinance No. 9147s amendt the Collier County � xW Emergency Medical Sorv�-Ces .„System Imp pt Fee Ordinance; Collier County Ordinanc11 e No 22 , as amended, the Collier County Road Impact Fee ',Ordinanc4, � �� � l�ier County Ordinance ° I fah � � No. 92-33, as am 1�d, " t'h , ie �C#finIy Educational Facilities System ImpA a,,Fee Ordinance s icy may be further amended from time to time!� Alereinafter Go edtively referred to as "Impact Fee Ordinance pY�vers of impact fees for new owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and 1976453 OR: 2100 PG: 2126 RICORDID in OPPICIAL RECORDS of COLLAR COU1?T, IL 09119195 at 09:36AN DVIGH? 1. BROCK, CLIRK RIC ill 33.00 COPI13 1.00 - 1 - Reto: CLERK TO THI BOARD IYTIROPPICI 5TH FLOOR IIT )210 OR: 2100 PG: 2121 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 95-,1-4Fat its regular meeting of , 1995; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION T 0,11,, description of the dwelling unit (the "Dw l itg Unit") � � -tacked hereto as Exhibit "A" and incorpora rid by M°zeferepce horei\p. ll n Unit shall 3. TERM. OWNER t o 4,6 t� D g remain as affordable) ho`�sng nc .si b (offered for sales in accordance with the st�,Andards set forth in Effie appendices to the Impact Fee Ordinano "Jor a perio"J"Iteen (15) years commencing from the dates rtf�.oat ccupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/'her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; - 2 - OR; 2100 PG; 2128 b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees tocmI wat°tbe affordable housing impact e,, waiveralication criteria detail, ir►� tie 41mpac�tf =Fee dinance. ed 5. SUBSEQUENTx�f'3 e11s the Dwelling Unit subject to fie x wavr tb a subsequent purchaser, the Dwells", Unit shall b, scald' g to households meeting the criteria stfprth in the Im3,`Fee Ordinance. 1Ak 6. AFFORDABLE REQUR��� '"�'�'1 Melling Unit must be utilized for affordable housing for�a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. S. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the - 3 - OR; 2100 PG; 2129 termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER 1iRecords of Collier County, Florida, within (teen (15) d�-fter execution of this Agreement by ,"the irmart th oard of County Commissioners.u' 11. DEFAULT. )W �R� s 4,l bb i`� de a� It ppf this Agreement (1) where OWNER f a i l ,oto se l l the Dw* l i ng ., Un;it in accordance with the affordable�I�h6using stand'aX-00 nd qualification s criteria established in the Imact Feed Q�cnance and thereafter fails to pay the impact fees c e%- in thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of - 4 - OR: 2100 PG: 2130 occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, for judgments calcula IN WITNESS / WH Agreement for Waiver/o above written. 3 Witnesses: Print Name Print NcoexJ1,11elle DATED: ATTEST: DWIGHT E. BROCK, Clerk �901111W RIA iwr i Approved as to form and legal sufficiency Heidi F. Ashtoft Assistant County Attorney uitebtr Sat the statutory rate a calendar da�ais until paid. F. _ the"-'-r--&kties Nhavie executed this and year first OWI S IMMOKK. tdABITAT FOR HUMA11 M Charles C. S th, Vice resident BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Q ' By; - G_-_ - 5 - TTHEWS, CHAIRMAN OR: 2100 PG: 2131 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this day of 0 1995, by Charles C. Smith.,-Ye President of Immokalee Habitat for Humanity. Inc, He is personally known to me. [NOTARIAL SEAL) doc214 gnature-,,6f Person Taking t Name of Acknowledger Typed, Printed or Stamped MOT AK 11 iile SrAlF. OF P-CAIPA IS&ON NO. i NJY COMMLIbION EXP. NLAYXI)OV4 � \ \� � S � � � - 6 - M *** OR; 2100 PG; 2132 *** EXHIBIT "A" Lot 14, Highlands Habitat Subdivision, according to the plat thereof, recorded in Plat Book ", , Page e -'l_ of the Public Records of Collier County. 1. Ts ' w.ti„Y' .. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this �.A-day or40 , 1995, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREP.S, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilitiesa. p.act Fee Ordinance; Collier U4{ County Ordinance No. ' "ate arrene`,�the Collier County Emergency Medical Si�-ry des System Imp ct Fee Ordinance; Collier County Ordinance No 19zr2�2, a amrnd6d, the Collier County Road Impact Free fOpdi � ce, 4, 4n' �e County Ordinance No. 92-33, as am`r,~" tt llioty Educational Facilities System Imp44 Fee Ordinance4­aoy may be further amended from time to ti r hereinafter csiectively referred to A as "Impact Fee Ordinance", ivers of impact fees for new owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and 1976454 OR: 2100 PG: 2133 RICORDID in 011ICIAL RICORDS of COLLIER COUNTY, PL 09/19/95 at 09:36AX DWIGHT I, BROCI, CLIRI RIC !II 33.00 COPIES 7.00 Retn; CLERK TO TBI BOARD INT1101dIC1 5TH ILOOR 1 _ SIT 7240 OR; 2100 PG; 2134 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 95 -,Z2e at its regular meeting of , 1995; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTIott CU. e description of the dwelling unit (the "Dw+l°ung Unit") itached hereto as �reWoma Exhibit "A" and incorporAtdd by ref ce he, ei`p. 3. TERM. remain as affordable accordance with the the Impact Fee Ordina 1 lards set foto or a period commencing from the date tlb drYf;�ae for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. warrants the following: ll�ng Unit shall to ed for sale in li..'thee appendices to ,f,„isfteen (15) years occupancy is issued OWNER represents and a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; OR; 2100 PG; 2135 b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3.929.52 dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to corp � %, ie affordable housing impact waiver It ,cation criteria detailed a"n'-the-Mlwmmpa,c.t,,smF'ee O dit ance. 5. SUBSEQUENT, TERr t7, lls the Dwelling 1 11 , J t Unit subject to h mp c ` f �, wauIre { to a subsequent purchaser, the Dwell` Unit shall bsoid "-A ly to households meeting the criteria s'�te forth in the iri dt ee Ordinance. 6. AFFORDABLE REQU * -,NT, ling Unit must be ry utilized for affordable housing fir a`fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the - 3 - OR: 2100 PG: 2136 termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNERi ?~f11,c`-al Records of Collier County, Florida, within fifteen (15) 8[AV this Agreement by the,' 'Ch irmanw--o,fa= t Commissioners. 11. DEFAULT. (1) where OWNER f a i l s`,t with the affordable criteria established in de sell the Dwlli ing sta er execution of and of County t� ,pfli this Agreement in accordance i,hd qualification nce and thereafter �.r � fails to pay the impact fees dire— ithin thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of - 4 - OR: 2100 PG: 2137 occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, p �u=vi at the statutory rate �x for judgments calculatedcacalendar sis until paid. IN WITNESS /'H 2 QF w --the,--.patties ha'±e executed this 11 Agreement for Waiver=" off Ilt3'e n� ,'date and year first above written. Witnesses: ` OW1,�RS V IMMdXAL F BITAT FOR Print Name � HUMAN,I"�rINC. Pring Na;de i� M:i h � r1c LJ,,.. c,,�: �t, 1 r s C. Rice resident DATED:c-4 ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency d(vy't, Heidi F. -Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i B y : c -j - 5 - ETTYEIJ V MATTHEWS, CHAIRMAN STATE OF Florida ) COUNTY OF Collier ) The fox day of lc! President of known to me. (NOTARIAL SEAL] d"214 OR: 2100 PG: 2138 ing instrument was acknowledged before me this r--- , 1995, by Charles C. Smith.vice mokalee Habitat for Humanity. Inc. He is personally Name of Acknowledger Typed, Printed or Stamped UFFMA—f. NOTARY SEAL )OA.\NF OALBEY NMARY M-BLIC STATE OF FLORID.% COMMISSION NO, CC376W, MY COMMISSION EXP. MAY 10,19 d '� aA `�E•"a' a _� =4W *** OR; 2100 PG; 2139 *** EXHIBIT "A" Lot 15, Highlands Habitat Subdivision, according to the plat thereof, recorded in Plat Book -;?5"., Page E ' of the Public Records of Collier County. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this /,_b& -day o 1995, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities_.Impact Fee Ordinance; Collier »T ��; � � County Ordinance No. 91 `11 -----,am d,,`, the Collier County Emergency Medical Seri-.c'es System Im"p c Fee Ordinance; Collier County Ordi.nanc;e 140`-92 ,22, s am ncd, the Collier County Road Impact deebd 6' 1Leer County Ordinance A i 8 Pk 3 No. 92-33, as am n edy o ie LC6uhty Educational Facilities System ImptFee Ordinance a fey may be further amended from time to ti ,a`hereinafter c l ively referred to as "Impact Fee Ordinance' Iyrd-M11 " ers of impact fees for new owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and 1976456 OR: 2100 PG: 2147 RICORDID In OFFICIAL KICORDS of COLLAR COUNTT, FL 09(19;95 at 09:36AN DWIGHT L BROCK, CLIRK RIC F11 33.00 COPIIS 7.00 Retn; CLIRK TO THI BOARD INTIROFPICK STN FLOOR BIT 7210 - 1 - OR: 2100 PG: 2148 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 95-J%/ at its regular meeting of • �� , 1995; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTIO,N he �; Ing l, description of the 74, ba dwelling unit (the "Ow lohg Unit")i �ached hereto as t Exhibit "A" and incoror"tiy-'ref npe h � e%n . 3. TERM. OWNERgreti �eling Unit shall remain as of fordablel ,�hOlgs,' handsel l be of`tp,,red for sale in 9 . accordance with the aandards set foh in.`t,44a appendices to ,. >. the Impact Fee Ordinar�c�y,for a periodof lfteen (15) years �a � commencingfrom the date rt a occupancy is issued for the Dwelling Unit.` 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; - 2 - OR: 2100 PG: 2149 b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3.929.52 dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to cm w t affordable housing impact fly° waiver qualification criteria detailed ifi the Imps ct "f`ee ordinance." 5 . SUBSEQUENT ? TR}.NSF� €: I f JI aI is the Dwelling 4xdk { E Unit subject to thie ), ,,ii aiv rk:, t a subsequent purchaser, the Dwelliri �Onit shall be "'sold 1 to households meeting the criteria sett tO' c�tth in the ImpaFl&e Ordinance. f-7 6. AFFORDABLE REQUIMling Unit must be utilized for affordable housing for aTTfifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the - 3 - OR: 2100 PG: 2150 termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER (Qfl Records of Collier ON County, Florida, within -fteen (15) as 'after execution of this Agreement by the Chairiwanw-_ pf-, th Board of County t Commissioners.111 `e` ' 'i I de qe It ro E this A reement 11. DEFAULT.WiR=, still be ( g (1) where OWNER fails sell the Dw elling /U-K�t in accordance ""O"r , ,. with the affordable J.iusing stand, rds ` hd qualification criteria established in Ippact .Fee d„ance and thereafter fails to pay the impact fees -`due --within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of - 4 - OR: 2100 PG: 2151 occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, Y pin gat the statutory rate for judgments calculated a calendar dNa'y=bsis until paid. IN WITNESSI W1jMEQF, 4`th°e---pia ties have executed this Agreement for Waiver of mind67 dateand year first above written. 3• ° Witnesses: O 1 41IMMOCAL�EiABITAT FOR Print Name _ HUMAI�'fY INC C. Print Na a M,. uc c..� .., , A.- o C le mitjx, ice President DATED: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Hei 1 F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Ely: ETTYE J., MATTHEWS, HAIRMAN - 5 - OR; 2100 PG; 2152 STATE OF Florida ) COUNTY OF Collier The foregoing instrument was acknowledged before me this .,__ day of X.L , 1995, by Charles C. Smith._Vice President oImmokalee Habitat for Humanity. Inc. He is personally known to me. t [NOTARIAL SEAL] Signure of Person Taking AqKnow doc214 Name of Acknowledger Typed, Printed or Stamped . LBFY EM PI-131.1CT OF FLORIDA _ CLA764t51' MAY' — 1998 3C'-� rr ty I�',«.+ k'�' '� aA `�E•"a' a _� 'O r , *** OR: 2100 PG: 2153 *** EXHIBIT "A" Lot 17, Highlands Habitat Subdivision, according to the plat thereof, recorded in Plat Book L,L, Page of the Public Records of Collier County. kul AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this /5?1!�- day of, 1995, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilitje-s irmpact Fee Ordinance; Collier County Ordinance No. 91" e ,-,;vthe Collier County Emergency Medical Sorvi es System Imp ct Fee Ordinance; Collier County Ordinance No �9� 2, as am nd�d, the Collier County Road Impact Flee �Jio> diiianc�; Cc 1 Vie* County Ordinance 14 \ «.,: ^' No. 92-33, as ame i , "' thb-1 C .ieEducational Facilities System Impa'q Fee Ord inanc°+" -,as y may be further amended from time to tihe reinafter coetively referred to as Impact Fee Ordinance","prd� waivers of impact fees for new owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and 1916451 OR; 2100 PG; 2154 RICOVID in OFFICIAL RHOIDS of COLLIIR COURT, FL 09119/95 at 09:36AN DWIGHT I. BROCI, CLIRI RIC FII 33.00 COe113 1.00 Retn: CLIRI TO THI BOARD IRTIROFFICI 5TH FLOOR BIT U10 - 1 - OR: 2100 PG: 2155 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 95-Z-/2- at its regular meeting of 1 1995; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTIP,11`� .{g -al description of the dwelling unit (the " � fng Unit") "< 11It ached hereto as Exhibit "A" and incorport'd by4'-referepnce hren. 3. TERM. OWNER aq 9 ell;ing Unit shall e remain as affordabl�.hui, r}d `tll e ofe.red for sale in �,. = 1 zj accordance with the ndards set faith in tthe appendices to "r 1 the Impact Fee Ordina i ee,,Jor a period bf ` 'f teen (15) years commencing from the datee drt�fica� occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; - 2 - OR: 2100 PG: 2156 b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to p;y Ah affordable housing impact e waiver qltuu11-f c a t 1 o n criteria detailed ,in _,,tome tZpact J17,�ee Or ihance. t 5. SUBSEQUENTTRANS R dells the Dwelling Unit subject to ti°tom w a i'l e i toa subsequent purchaser, the Dwell r, \Unit shall b�kq-sold Y'o ly to households meeting the criteria s6,tlforth in the Im rt, Fee Ordinance. 6. AFFORDABLE REQU`1 ing Unit must be utilized for affordable housing ior'a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the - 3 - OR: 2100 PG: 2151 termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER _11,11� Records of Collier County, Florida, withinfteen (15) d=after execution of this Agreement by ,the,/' Commissioners. b`/.", 11. DEFAULT. the' Board of County def 41t°this Agreement (1) where OWNER failssell the Dwlir�gixrlt in accordance o with the affordable housing standat& ,.a/d qualification criteria established in the Im t �e 'd Nance and thereafter , fails to pay the impact fees due' within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of - 4 - OR: 2100 PG: 2158 occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, for judgments calcula IN WITNESS uw T'no ,a t the statutory rate 'j a calendar ,"basis until paid. Agreement for Waiver= d3 4t Y above written. Witnesses: Print Name Pri t NaAfe N«i� DATED: 'i /'z, / 9 SS" ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency t , Heidi F. Ashton Assistant County Attorney parties hae executed this ;t ' -�'4 `'e'eats and year first i ,.w \ L4 c OWURS IMMO A E, rF ABITAT FOR HNC. Cb es C. Sm h, ice esident r BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BETTYEYMATTHEWS, CHAI - 5 - OR: 2100 PG: 2159 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ,`, day of Z- 7 , 1995, by Charles C. Smith, Vice President of mmokalee Habitat for Humanity, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking Acknow - r docM Name of Acknowledger Typed, Printed or Stamped OMMM'. VC AM 1T:'1,N. ;VAI Iii i'LORIDA. NO CC,74-411 mYCi;1lM!55iC�`11�f'. 1:4Y30.:1�� } te... ^y $ Y y a ! Y } j *** OR: 2100 PG: 2160 *** EXHIBIT "A" Lot 18, Highlands Habitat Subdivision, according to the plat thereof, recorded in Plat Book a , Page iL of the Public Records of Collier County. . Ts ' w C' .. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this /,?Z;i- day of1995, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilit„,ea--Impact Fee Ordinance; Collier v )r County Ordinance No. 9 -s ae Collier County Emergency Medical Sety t6es System Imp ct Fee Ordinance; Collier County Ordinance No 92 2, as am nd d, the Collier County Road Impact Fee 10rfdih�ar co, 1 � c 1 er County Ordinance No. 92-33 astie3ie�oty Educational �?n�d Facilities System Imphc Fee Ordinamay be further amended from time to ti ,hereinafter co ectively referred to as "Impact Fee Ordinance",”pfd' ..waivers of impact fees for new owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and 1916458 OR: 2100 PG: 2161 RICORDIO in OFFICIAL RICORDS of COLLLIR COOI?T, FL 09!19,195 at 09:36AK DWIGHT 6. BROCK, CLIRI RIC FII 33.00 COFIIS 7,00 Retn: CLIRK TO THI BOARD IITIROFFICI 5TH FLOOR 11? 7210 - 1 - OR: 2100 PG: 2162 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 95-Si.4 at its regular meeting of l.2 , 1995; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION pkv ilia-, 1 g description of the dwelling unit (the "Dweling Unit") 1so =ttached hereto as Exhibit "A�� and incorpporat'O b y'-r..�,gnce h rein. � r 3. TERM. OWN ER? , � ���" ���` ���the�lling Unit shall remain as affordabl' us r r d h 11 e o ag ed for sale in accordance with the \�andards set f�q,th ire appendices to the Impact Fee Ordina,#04 ,for a period pf i°cfteen (15) years commencing from the date the$"ce t 1 -fl t f occupancy is issued F for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; - 2 - OR: 2100 PG: 2163 b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to cop��� affordable housing impact waiver quafcation criteria detailed in °th��Impa°Ot :Fee Or in�nce. 5. SUBSEQUENT '$ T�JS €3 sW�R e'11 the Dwelling �, { j Unit subject to tt ic: eµ„aaieoa subsequent k purchaser, the Dwe11i�1nit shall be�'old,Y to households meeting the criteria serth in the Imptsee Ordinance. 6. AFFORDABLE REQUI°RE�T Idling Unit must be utilized for affordable housing for aTT fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the - 3 - OR: 2100 PG: 2164 termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER ln' t. ziR 6filt, Records of Collier County, Florida, withir'� e this Agreement by thea.' Commissioners. It 11. DEFAULT. (1) where OWNER fail with the affordable criteria established in t een (15) da 's)-4 ter execution of airman w.,.. ofa, the\ Board of County def" t `p�fjlthis Agreement sell the Dw4li kip ing stan 4bAt in accordance and qualification ce and thereafter fails to pay the impact fees 'dud—within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of - 4 - OR: 2100 PG: 2165 occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien. for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in i s"{ enforcing this agreement, u v �e"tx°at the statutory rate for judgments calculated(p a calendar day ba is until paid. IN WITNESS 'WHZREOF�„ the ..... parties have executed this �N R Agreement for Waiver1 of/, Y tr'e � n","4 h tel and year first r vi � above written.; .,: =h ��� � —L Witnesses: OWNOS IMMOK.ALE�TABITAT FOR t� , , Print Name i `. ,, HUMA INC. Print NAme �+�< ►,.•,� : t.. 1. �„ . ,. i L C} f �Charles C. Smi ice President DATED: ATTEST: DWIGHT E. BROCK, Clerk i ,t Approved as to form and legal sufficiency eidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By BETTY MATT/HEWS, CHAIRMAN - 5 - OR: 2100 PG: 2166 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this;^ day of / � 4 ___ 1995, by Charles C. Smiths Vig preaidept Immokalee Habitat for Humanity. Inc. He is personally known to me: (NOTARIAL SEAL) Signature'df Person Taking AcknoVledgment 1. doc214 Name of Acknowledger Typed, Printed or Stamped !DIY E;P. MAY 30 1996 L 4iy" 1. Ts ' w.ti„Y' .. *** OR: 2100 PG: 2167 *** EXHIBIT "A" Lot 19, Highlands Habitat Subdivision, according to the plat thereof, recorded in Plat Book ��, Page / of the Public Records of Collier County. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this/qday ofd0:L_, 1995, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilits-­Impact Fee Ordinance; Collier County Ordinance No.'_j1r as am the Collier County Emergency Medical e ylce __System Im act Fee Ordinance; Collier Count Ordihance No x,,92 2�s aenced, the Collier fl County Road Impact Feet Ordi)►alnc�e;a,� lir bounty Ordinance .� No. 92-33, as a*ii�ndeci, tiie C Ity Educational Facilities System Imps ,Fee Ordinan'* b y may be further amended from time to tf*_'].#0 reinafter l ctively referred to as Impact Fee Ordinance", pbrieor waivers of impact fees for new owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and 1916459 OR: 2100 PG: 2168 RICORDID in OFFICIAL RICORDS of COLLIIR COUNTY, FL 09/19195 at 09:36AN DWIGHT L BROCL, CLIRI RIC FII 33.00 COPIIS 1.00 Reto: CLLR[ TO THB BOARD IWTBROFFICB STH FLOOR aIT 1240 - 1 - OR: 2100 PG: 2169 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 95-�/S/ at its regular meeting of , 1995; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTIO°Jegrl „ description of the dwelling unit (the "Leing Unit") i's -attached hereto as Exhibit "A" and incor,,poret6,d ;4y r6-'f'e-rdhce h red n. JJ 3. TERM. OWNER1 4 e t lt, the elling Unit shall �EYE 4�A remain as affordable r4i ,,,kld sh�ll be , o fe ed for sale in accordance with the pta,pdards set fdVIpth irk'' tt�e appendices to >. the Impact Fee Ordinal e�\for a period orf ,fifteen (15) years commencing from the date tie Ice t f t ' f occupancy is issued .µTM.,. for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; - 2 - OR: 2100 PG: 2170 b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3.929.52 dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to ciwL e, affordable housing r,... ._ ON impact f�:a waiver qufcation criteria detailed ih the Impact Pbe Or�din*nce. 5. SUBSEQUENT d'$TRAN O' f-\ ft' J4'R ll 1s the Dwelling Unit subject to th(Ap* e raide,, t a subsequent purchaser, the Dwelliny,Vnit shall beIyo 1 d ,*nly to households meeting the criteria sed",Ifo°rth in the I Ordinance. 6. AFFORDABLE REQUfMt "%pr lling Unit must be utilized for affordable housing for aTTmfifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the - 3 - OR; 2100 PG; 2171 termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER�h� �0al Records of Collier ON County, Florida, within",'e f een (15) " ,fter execution of this Agreement bythe hairman o€ th Board of County Commissioners.3~ °", F 11. DEFAULT. R° shall `be t de Olt ,of this Agreement {� (1) where OWNER faii�,,,to sell the D�lling ��it in accordance a with the affordableusing standards d qualification ;" 4h �, � J .s criteria established in Iact Feelfiance and thereafter fails to pay the impact fees-dueM-within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of - 4 - OR: 2100 PG: 2172 occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, ,pauv iatt At the statutory rate ON for judgments calculated 8'n a calendar da,, until paid. IN WITNESS"WHERE Mthe ..° patiesae executed this Agreement for Waiver,°k of /A ptr"Fde` d � � above written. n Witnesses: O Print Name t > H e Print Namb M,,rle,ir DATED:9S- ATTEST: DWIGHT E'. BROCK, Clerk Approved as to form and legal sufficiency Ji HeiAs ton Assistant County Attorney tel' and year first KOKA EF FfABITAT FOR KA1I °"INC. 3rles C. Smtce,$resident BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C.� By: C ETTYE TTHEWS, CHA RMAN - 5 - OR: 2100 PG: 2113 STATE OF Florida ) COUNTY OF Collier ) The forggoing instrument was acknowledged before me this day of 4. , 1995, by Charles C. Smith. V � President of,f mokalee Habitat for Humanity, Inc. He is personally known to me. [NOTARIAL SEAL) doc214 Name of Acknowledger Typed, Printed or Stamped Y PL ('iAC 31 Au. of FLORIDA ML00N NO. M-146; kiY CC MM.;sfoV LXP MA'T 30A49r1, { �i., C7-2-1 no s } E j$ t - 6 - **# OR: 2100 P§| 2174 **$ EXHIBIT "As' Lot 20, Highlands Habitat Subdivision, according to _the plat thereof, recorded in Plat Book,2;_, page � /. of the public Records of collier county. \ ; \ , . � \\ .\< � � \ 9s « \/ ( ; }�