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Agenda 09/26/2017 Item #16D 409/26/2017 EXECUTIVE SUMMARY Recommendation to approve a Release of Lien to combine release of 19 separate liens with one developer for a combined amount of $137,494.40 for properties developed by Habitat for Humanity of Collier County, Inc. that have remained affordable for the required 15-year period set forth in the State Housing Initiatives Partnership (SHIP) Impact Fee program deferral agreements. OBJECTIVE: To support the affordability of housing in Collier County through the SHIP Impact Fee Program. CONSIDERATIONS: Pursuant to Article IV of Chapter 74 the Collier County Code of Ordinances, the County shall defer the payment of the impact fees for any new owner-occupied unit which qualifies as affordable housing. Section 74-401(a) (3) of the Code authorizes the County Manager to enter into an Agreement for Waiver of Collier County Impact fees, more commonly known as a SHIP impact fee deferral agreement with the owner or applicant. Under the SHIP Impact Fee Deferral Program, when an eligible applicant is approved for an impact fee deferral, the SHIP program pays the required impact fees in full to the County on behalf of the applicant and defers the SHIP repayment to the applicant until the property is sold, refinanced, or no longer their primary residence. The Dwelling Unit is to be utilized for affordable housing for a 15-year period after the issuance of the certificate of occupancy. The following table provides details regarding the Habitat for Humanity of Collier County, Inc. associated liens that have met their 15-year affordable housing obligation. As such, Release of Liens are 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 BCC Approval date or CM Approval date Impact Fee (OR/PG ) C/O date 15-year Affordability end date Impact Fee Amount Naples Manor Addition, Block 5, Lot 7 08/14/2000 2717/2142 3/26/2001 3/26/2016 $7,586.34 Naples Manor Addition, Block 5, Lot 8 08/14/2000 2717/2149 3/26/2001 3/26/2016 $7,586.34 Naples Manor Addition, Block 5, Lot 10 08/14/2000 2717/2163 3/26/2001 3/26/2016 $7,586.34 Naples Manor Addition, Block 5, Lot 15 02/08/2000 2640/1101 3/19/2001 3/19/2016 $7,140.34 Naples Manor Addition, Block 11, Lot 12 01/07/1999 16A24 2502/0813 5/25/2000 5/25/2015 $6,169.52 Naples Manor Addition, Block 12, Lot 3 12/20/2000 2756/3300 12/4/2001 12/4/2016 $7,698.82 Naples Manor Addition, Block 12, Lot 4 12/15/2000 2756/3306 12/6/2001 12/6/2016 $7,698.82 Naples Manor Addition, Block 13, Lot 14 08/3/1999 16A5 2578/2526 5/23/2000 5/23/2015 $7,140.34 Naples Manor Addition, 008/3/1999 2578/2533 5/23/2000 5/23/2015 $7,140.34 16.D.4 Packet Pg. 1636 09/26/2017 Block 13, Lot 15 16A5 Naples Manor Addition, Block 14, Lot 7 12/20/2000 2756/3318 8/3/2001 8/3/2016 $7,698.82 Naples Manor Addition, Block 14, Lot 8 12/07/2000 2756/3324 8/3/2001 8/3/2016 $7,698.82 Naples Manor Addition, Block 14, Lot 9 15/15/2000 2756/3330 8/3/2001 8/3/2016 $7,698.82 Naples Manor Addition, Block 14, Lot 20 02/23/1999 16A15 2518/1417 5/25/2000 5/25/2015 $6,779.52 Naples Manor Addition, Block 14, Lot 23 12/14/1999 16A5 2622/0546 9/27/2000 9/27/2015 $7,140.34 Naples Manor Addition, Block 14, Lot 24 12/14/1999 16A5 2622/0553 9/27/2000 9/27/2015 $7,140.34 Naples Manor Addition, Block 14, Lot 25 12/14/1999 16A5 2622/0560 9/27/2000 9/27/2015 $7,140.34 Naples Manor Addition, Block 14, Lot 27 02/18/1997 16A7 2284/2235 4/30/1999 4/30/2014 $6,169.52 Naples Manor Addition, Block 15, Lot 3 12/14/1999 16A5 2622/0567 6/28/2000 6/28/2015 $7,140.34 Naples Manor Addition, Block 15, Lot 4 12/14/1999 16A5 2623/1514 6/28/2000 6/28/2015 $7,140.34 Total $137,494.40 FISCAL IMPACT: There is no fiscal impact associated with the Release of Lien. The $18.50 recording fee will be paid by SHIP Grant Fund 791, Project 33467. LEGAL CONSIDERATIONS: This item is approved for form and legality and required a majority vote for Board approval. -JAB 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 $137,494.40 for 19 properties developed by Habitat for Humanity of Collier County, Inc. that have remained affordable for the required fifteen-year period set forth in the State Housing Initiatives Partnership (SHIP) Impact Fee program deferral agreements. Prepared By: Wendy Klopf, Operations Coordinator, Community & Human Services Division ATTACHMENT(S) 1. SHIP IF Release of Lien- Naples Manor Addition.doc (PDF) 2. [Linked] SHIP Impact Fee Agreements-HfH-Naples Manor Addition (PDF) 3. SHIP IF Homestead Verification Naples Manor Addition (XLSX) 16.D.4 Packet Pg. 1637 09/26/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.4 Doc ID: 3593 Item Summary: Recommendation to approve a Release of Lien to combine release of 19 separate liens with one developer for a combined amount of $137,494.40 for properties developed by Habitat for Humanity of Collier County, Inc. that have remained affordable for the required 15-year period set forth in the State Housing Initiatives Partnership (SHIP) Impact Fee program deferral agreements. Meeting Date: 09/26/2017 Prepared by: Title: Operations Coordinator – Community & Human Services Name: Wendy Klopf 08/09/2017 9:33 AM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 08/09/2017 9:33 AM Approved By: Review: Community & Human Services Lisa Carr Additional Reviewer Completed 08/09/2017 9:41 AM Community & Human Services Kristi Sonntag Additional Reviewer Completed 08/09/2017 10:24 AM Public Services Department Kimberley Grant Additional Reviewer Completed 08/11/2017 5:23 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 08/14/2017 10:45 AM Community & Human Services Leslie Davis Additional Reviewer Completed 08/15/2017 10:28 AM Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 08/15/2017 2:43 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 08/15/2017 3:00 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/16/2017 12:05 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 08/17/2017 10:50 AM Grants Erica Robinson Level 2 Grants Review Completed 08/21/2017 12:43 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/17/2017 4:35 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/21/2017 1:38 PM Budget and Management Office Ed Finn Additional Reviewer Completed 08/22/2017 12:22 PM Grants Therese Stanley Additional Reviewer Completed 08/25/2017 2:38 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2017 9:39 AM Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM 16.D.4 Packet Pg. 1638 16.D.4.a Packet Pg. 1639 Attachment: SHIP IF Release of Lien- Naples Manor Addition.doc (3593 : SHIP Impact Fee Release of Lien-HfH Naples Manor Addition) 16.D.4.a Packet Pg. 1640 Attachment: SHIP IF Release of Lien- Naples Manor Addition.doc (3593 : SHIP Impact Fee Release of Lien-HfH Naples Manor Addition) Resolutio n # BCC Approval date/CM sign date CO date 15 year affordabilty end date Le gal Description or Address Subdivision Organization Name/Recipient name Folio Address Current Owner Same Yor N Homeste ad Y or N IF Lien (OR/Pg ) Type of IF IF Amount 01-041-IF 8/14/2000 03/26/01 03/26/16 Naples Manor Addition, Block 5, Lot 7 Naples Manor Habitat for Humanity 62093040002 5214 HARDEE ST ALADIN, JACQUELINE Y Y 2717/2142 100%$7,586.34 01-042-IF 8/14/2000 03/26/01 03/26/16 Naples Manor Addition, Block 5, Lot 8 Naples Manor Habitat for Humanity 62093080004 5218 HARDEE ST VASQUEZ, FORTINO R & CLAUDIA TREVINO Y Y 2717/2149 100%$7,586.34 01-044-IF 8/14/2000 03/26/01 03/26/16 Naples Manor Addition, Block 5, Lot 10 Naples Manor Habitat for Humanity 62093160005 5226 HARDEE ST CARREON, ADALBERTON & CARMEN Y Y 2717/2163 100%$7,586.34 00-062-IF 2/8/2000 03/19/01 03/19/16 Naples Manor Addition, Block 5, Lot 15 Naples Manor Habitat for Humanity 62093360009 5323 GEORGIA AVE LOPEZ, JOSE & SARA Y Y 2640/1101 100%$7,140.34 1/14/1999 01/07/99 16A24 05/25/00 05/25/15 Naples Manor Addition, Block 11, Lot 12 Naples Manor Habitat for Humanity 62099880004 5445 Carlton St LORA, PERFECTO & LORENZA Y Y 2502/813 100%$6,169.52 01-054-IF 12/20/2000 12/04/01 12/04/16 Naples Manor Addition, Block 12, Lot 3 Naples Manor Habitat for Humanity 62100160008 5410 CARLTON ST ARREGUIN, OFELIA Y Y 2756/3300 100%$7,698.82 02-100-IF 12/15/2000 12/06/01 12/06/16 Naples Manor Addition, Block 12, Lot 4 Naples Manor Habitat for Humanity 62100200007 5414 CARLTON ST ABREU, GONZOLO & BERKIS MARING ABREU Y Y 2756/3306 100%$7,698.82 99-306 8/3/99 16A5 05/23/00 05/23/15 Naples Manor Addition, Block 13, Lot 14 Naples Manor Habitat for Humanity 62101960003 5454 MARTIN ST ARTEAGA, MARIA E & OSCAR RENE RODRIGUEZ JR Y Y 2578/2526 100%$7,140.34 99-307 8/3/99 16A5 05/23/00 05/23/15 Naples Manor Addition, Block 13, Lot 15 Naples Manor Habitat for Humanity 62101980009 5458 MARTIN ST CRUZ, MARGARITA S Y Y 2578/2533 100%$7,140.34 02-006-IF 12/20/2000 08/03/01 08/03/16 Naples Manor Addition, Block 14, Lot 7 Naples Manor Habitat for Humanity 62103000000 5426 HARDEE ST AGUIAR,RAFAEL & CRESCENCIA Y Y 2756/3318 100%$7,698.82 01-058-IF 12/7/2000 08/03/01 08/03/16 Naples Manor Addition, Block 14, Lot 8 Naples Manor Habitat for Humanity 62103040002 5430 HARDEE ST VICTOR, CLAUDEL & ALTAGRACE Y Y 2756/3324 100%$7,698.82 01-059-IF 15/15/2000 08/03/01 08/03/16 Naples Manor Addition, Block 14, Lot 9 Naples Manor Habitat for Humanity 62103080004 5434 HARDEE ST RAMIREZ, PEDRO & MARGARITA Y Y 2756/3330 100%$7,698.82 99-134 2/23/1999 16A15 05/25/00 05/25/15 Naples Manor Addition, Block 14, Lot 20 Naples Manor Habitat for Humanity 62103520001 5465 CATTS ST AYALA, ALICIA Y Y 2518/1417 100%$6,779.52 99-440 12/14/99 16A5 09/27/00 09/27/15 Naples Manor Addition, Block 14, Lot 23 Naples Manor Habitat for Humanity 62103640004 5453 CATTS ST CISNEROS, JOSE & IRACEMA Y Y 2622/546 100%$7,140.34 99-441 12/14/99 16A5 09/27/00 09/27/15 Naples Manor Addition, Block 14, Lot 24 Naples Manor Habitat for Humanity 62103680006 5449 CATTS ST MARTINEZ, JUAN M & FLORINA G Y Y 2622/553 100%$7,140.34 99-442 12/14/99 16A5 09/27/00 09/27/15 Naples Manor Addition, Block 14, Lot 25 Naples Manor Habitat for Humanity 62103720005 5445 CATTS ST PINERO, EMELINA Y Y 2622/560 100%$7,140.34 97-86 02/18/97 16A7 04/30/99 04/30/14 Naples Manor Addition, Block 14, Lot 27 Naples Manor Habitat for Humanity 62103800006 5437 CATTS ST ROSA, VITO I & MARIA H MAYER Y Y 2284/2235 100%$6,169.52 99-443 12/14/99 16A5 06/28/00 06/28/15 Naples Manor Addition, Block 15, Lot 3 Naples Manor Habitat for Humanity 62104200003 5410 CATTS ST SOTO, BRENDA Y Y 2622/567 100%$7,140.34 99-444 12/14/99 16A5 06/28/00 06/28/15 Naples Manor Addition, Block 15, Lot 4 Naples Manor Habitat for Humanity 62104240005 5414 CATTS ST LOUIS, KESNER & BERNADETTE Y Y 2623/1514 100%$7,140.34 Total $137,494.40 16.D.4.c Packet Pg. 1641 Attachment: SHIP IF Homestead Verification Naples Manor Addition (3593 : SHIP Impact Fee Release of h~= 2694543 OR! 2717 PG! 2142 HOUSIIG' URBAH IKPROVIKllT R!CORDBD ln the OFFICIAL RICORDS Of COLLIIR COURTT, PL IITIROPPICI 09/05/2000 at OS:05AH DVICBT I. IROCI, CLIRI R!C FB! JJ.00 AGREEMENT FOR WAIVER OF COi.LiER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of ___ 2000. by the County manager on behalf of the County Commissioners of Colli'r CoWlty • floridu, hereinatter referred to ag "COUNTY" and tfabitat for tlumi\Jli\y of Collier County. Inc., herdnath:r rdcrred to as "OWNER." W I TN ES S E T H: WliEREAS, Collier Count)' Ordinance No. QR-6Q. the Collier County Regional Water and/or Sewer Systems lmpa~t Fee Ordinance; Collier County Ordinance No. XX-97. as amended, the Collier County Library System Impact Fee Ordinance: Collier County Ordinance No. 99-39, affordable housing~ and WHEREAS, OWNER has applied for a waiver of impact foes as required by the Impact Fee Ordinance, a copy of said application being on tile in the oftice of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has concluded that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact fee Ordinam;c; Wld WHEREAS, the impact foe waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and -1 - OR: 2717 PG: 2143 WHEREAS, by signing this Agreement. the County Manager ha.~ approved a waiver of these impact fees for OWNER. WHEREAS. the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE. in consideration of the foregoing recitals, the parties covenant and agree as follows: I. RECITALS INCORPORATED. The fon:8oing redtals are true and correct and arc incorporated by reference herein. 2. LEGAL DESCRIPTJON. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reforence following: herein. The Dwe~~ .. ~~all be sold to defined in th~,:~~~~et t~~·~ · fupact Fee Ordinance and his/her ~"~,~~"'"'""~'-~:~:"'='~'"'~'"'ID""~" a. ' .. 1'>td with a very low income as monthly payments to purchase the DwelHng Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer: c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing lbr fi tlecn ( 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 $7.586.34 purswmt to the Impact Fee - 2 - OR: 2717 PG: 2144 Ordinance. In return for the waiver or the impact f«S owed by OWNER. OWNER covenants and agrees to comply with the atfordable housing impact tee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser. the Dwelling Unit shall be sold only to households meeting the criteria set lorth in the Impact f..,-e Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen ( 15) year period atler 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 immedil.uely repaid to the COUNTY. 7. LIEN. The waived) ... ~ffe~~~upon the Dwelling Uni! on !he ,/ 't 0;/ ,, "t' $'' 0 effective date of this Agree'9ert;,:>,Wnich lien may be'~~sed upon in the event of non-compliance with the requ}fum,h~~);'f:~~,'A:g~menl\ \ \ 8. RELEASE 4F tf~ . (/' , of the Agreement } i; t l j ' l\ \ 111 "le ,( requirements and fifteen ( 15 i ~~~~t \bL~~llt6 ~'~''\'" • ~~rtit'icate of occupancy. or \ W''°'"',;-P« \ \~1}' \ ~ t upon payment of the waived t \ ' fees. the COUNT~:iShJL ,~t~~ expense of the COUNTY. \ J-\ /'~,''-~ ,; /<A~t}/ record any necessary document~~,~~~~cing the te #/ ' ' )6f the lien, including, but not ~.,,, ,,e "' "''21""'· "'~,~~,~."''"'=""'~'"'""'"''""-~'°""''"' Ji'' limited to. a release of Jien. "'",,I II ,/'/' """·~'"' ~:-~"'-"'""~ -= "'-= ~ ~~ _,,,_,,,,_,,,,ft 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 DwelJing Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees arc paid in full or Wltil the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement slulll run with th~ land and shall remain a lien against the DweJJing Unit until the provisions of paragraph 8 are sutisfied. I 0. RECORDING. This Agrccmcm :;hall ~ r~orded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida. within tHleen (15) days after execution of this Agreement by the County Manager. -) - OR: 2717 PG: 2145 11. DEFAULT. OWNER shall be in deti\ull of lhis Agreement ( 1) where OWNER fails to gell the Dwelling Unit in accordance with the utTordlble tw~ins standards and qualification criteria established in the Impact fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non·compliancct or (2) where OWNER violates one Of the affordable housing QWllifi~alion criteri&a in the Impact Fee Ordinance for a period of fifteen ( 15) days after notice of the violation. 12. REMEDIES. Should lhe OWNER of the propert)' fail to comply with the said qualification criteria at WlY 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 tees waived shall constitute a lien on the Dwelling Unit com111~n~ing on the etT~tive date of this Agreement and continuing fo, tlt\een (I~) Y•""' It ./fa'? . ' ·-... -~~ cellificate Of occupancy or until //" ,,,,f :''" repaid. Such lien shall be supe~~Aind paramount to thcN~re~t in the Dwetling Unit of WlY owner. lessee. tenant. mort~ee/or1:~;;~"'\""""··n·exdeRt lien~or tounty taxes and shall be on 1 I 1 \ \ I , ' \ parity with liens of any sue~ Cqpn I esf ' •\\be \n default of this Agreement } !\ l I J f I I and the default is not c~(~lt · 3b)~3/ tf~"\0 OWNER. the Board may \\"'0' \ \~1· -_ t / .~'t/ bring a civil action to enf~~~\$is agreement. l~~~dijio 1 / • / lien may be foreclosed or \{J-' 'iJi~' •. / otherwise enfon:ed by the c~:::":--~ 7ty as for the foreclosure of a mortgage on real property. This reme<!t.~li~~t~>·· ·any other right or remedy available "~,~~'""'""~·-,~='"'='~···~'"'•"". to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys feest im;urred by the Board in enforcing this agreement. plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNf.SS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS; - 4 - ST A TE OF Florida COUNTY OF Collier OR! 2717 PG~ 2146 The foregoing instrument was acknowledged before me this ~day of Ch~, ,,-xb , 2000 by Swnuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. I is personally known to me. DATED:~~~~~~ ATIEST: DWIGHT E. BROCK. Approved as to fonn and legal sufficiency ~~~ Thomas C. Palmer Assistant County Attorney ANAGER - 5 - OR: 2717 PG: 2147 EXHIBIT"'A" Legal Descri~tion Lot 7, Block 5, Naples Manor Addition, as recorded in Plat Book 3, Pages 67 and 68, of the Public Records of Collier County, Florida. • .,.£ ··--·=i=='--~ • : ...,...., .;:m.-...,._.., ii -· .. I:'. ---·-'" .,.. .,...... ,,;;z--7;;--~ :t• •liiil .: 11t......... I ••IMM .r; ...... '"';i:..,.--.-= 1:C-i~IH: :::~-j .,, . .._ --=·"-·-.;:,...;tt......,_: ·-· ...... ......... .. •: _. - -:r..a - -:;I:"; liil -==----.; : ... • ... -----·~---· ~ "I \ ~\_ \ ~ ' 1-- ""It, ,. ~ <"". "? 1-~ (I" 6'o. \ -p ~ \ '\ SfAtr OI fl.ORIDA) c;o&.IHTY Of' COLUDt) / .... \ \ N . () & ~Q ~ ··~/ .;.p ..,.~ • Of>.11..f)~? -.l ~ c, .,6 o\...v ~ / 'f.'V / 'v~ HMllAl fCll IUWlll fl CWU COUNTY, INC. l'OftllLLA_.,.,. AllllOCIAftB, DIC. LB f6ll9 1J1M ~ -· -.n. n ,,., ,, SCIO, 1• • IO' 11111{, JUI. Y M. 2CICIO 1'4•) n:.-t$11 * ,.. ~ 0 ::icJ .. r-....> --I ...... ~ -cl Cl ~ ~ ~ CIC> Mo ,,.. ,... lltn: HOUSllG i URBAM lKfROVIKIKT RICOROID in the 011ICIAL RICOll>S o! COLLill COUI''· ft 2694544 OR! 2717 PG! 2149 RIC UI IMTIROPlICB 09/05/2000 at 08:06AK DWIGHT I. llOCI, CLIRI AGREEMENT FOR WAIVER OF COLLIER COUNTV IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of ___ 2000. by the County manager on behalf of the County Commissioners of Collier County. Florida. hcrcinaner referred to as "COUNTY" and Habitilt for Humanity of Collier County. Inc .. hereinutler reforred to ag "OWNER." W l T N E S S E T H: WHEREAS, Collier County Ordinance No. 98-69. the Collier County Regional Water and/or Sewer Systems Impact fee Ordinance; Collier County Ordinance No. 88-97. as amended. the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. QQ_JQ. ~""" ""~ ~~~= ~ ~"' the Collier County Parks and Recre;tti~"li~!~~!,-,~, '<\ ,,~t Fee Ordinance; Collier County l ,· _, . ""~",,," ""'·· \ i '~"' '"'~ Ordinance No. 91-71, as ame~? // Collier County ~~y Medical Services System Impact Fee Ordinance: CollJir 5iunw:::Qf~,i~~tl~~lf:'\~Z-22~ ~ended, the Collier County Road lmt'ACt Fee Ordinanct; Chi' ~,\ . .~ ' -3~. as amended. the Collier I. 11 f ' \ i I ~ l I , If E ~ ~ ,; ~ l ; County Educational Faciliti~(S~t.~;:::!J1l'P. 1~ i::~~·'\'1"' an~1 4 F~Jlier County Ordinance No. ' •••••'· \ ·1 • I 99-52. the Collier County Co~fipnal Facilities lmp't~~~ r ce, as they may be further \ ~§'i"'. ~-~' ' ''~:~,~~l l amended from time to time, ~~~~ •.. coll~tively #~~~ .,::;~·0 as "Impact fee Ordinance". provide for waivers of impact tees:~.!!'{~?J~~~~led dwelHng unit qualitying us 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 tile in the otlice of Housing and Urban Improvement~ ru\d WHEREAS. the County MWllg'r or his desit;nee has reviewed the OWN~R.'s application and has concluded that it complies with the requirements for an atlordable housing waiver or impact fees as established in the Impact Fee Ordinance: and WHEREAS. the impact foe waiver shall be presented in lieu of payment of the requisite impact tees subject to satisfaction of all criteria in the lmptH;t fee On.limm-.;~ ~"mlit)'in~ the proj~t as eligible for an impact tee waiver~ and -l - OR: 2717 PG: 2150 WHEREAS. by signing this Agreement. the County Mwuiger has approved a waiver of these impact fees for OWNER. WHEKEl\S, the Jmp11"t fee ordinance requires that the OWN~R. enter into an Agreement with the COUNTY. NOW, THEREFORE. in consideration of the t'bregoing recitals. the parties covenant and agree as follows: t. RECITALS INCORPORATED. The t'oregoing recitals are true and correct and are inco~rated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the 11 Dwelling following: Unit") and site plan are attached hereto as Exhibit 11 A" and incorporated by reforence herein. a. monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing tor fitlctn ( 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 Unil und owes impact fees in the total amount of $7.586.34 pursuant to the lmpa1:t F"'-e -2 - OR: 2717 PG; 2151 Ordinance. In return for the waiver of the impac;a fees owed by OWNER. OWNER covenants and agrees to comply with the atlorJablc h(lusan~ impact tee waiver qualifi~ation criteria detailed in the Impact F~-e Ordinance. ~. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impACt fee waiver to a subsequent purchaser. the Dwelling Unit shall he sold only to households m"ting Ul~ ~riterh• set torth in the Impact Pee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period at\er 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 !~.~COUNT.Y· · < r !i'l r; # \ .~··· 7. LIEN. The waive~.). ·... .~\nilr:tk: , , upon the Dwelling Unit on the /' ,/'' ,,<.,,;'. '\ t' ~ ""\ effective date of. this Agreefenj~~~~-~1be ~'1\'1 upon in the event of non-comphwtce with the req~rell}tnts of till ement.\ \ \ l ll' 4)'?}\ \ 8. RELEASE dF tlt ~~o)nplftion of the Agreement \ l" ·~ ~ i h ' i re<Juirements and flAecn (Is ~I . rtfe'~f J\it:qcnificate or ~~Upwll;Y' or \ ,Ji; \ ; .1! ;,,_"''·" .! \ .#'\ \ ; l ' upon payment of the waived i~~, fees, the COUN hyll / e expense of the COUNTY. \ '*'~i·'~'. "\\' '"'"i ,/'/ ~ ') ,/ rewrd any n~essary documentat~ ' ~!1cing the te9Jli·~ll~;,/ot' the Hen. including. but nor ,.,,, "'"Ji'"I· ~~,,~,~."''"'=""'~'"'""'"''""-~'°""'" /'''''' "!(\ \ "''/,>"'''" "·, I f, l •' ,.,, \ . '"" / limited to, a release of lien. "·,'·,~~·-,,.,,,,,~,:~~.,:::>/ 9. BINDING EFFECT. This Agreement shall be binding upon the panics to this Agreement and their respective heirs. personal representatives. successors and assigns. In the ~ue of sale or transfer by gift of th~ Dwelling Unit. the original OWNER shall ~m'1in li'1ble tor the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition. this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are sati:;tkd. IO. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the omcial Records of Collier County. Florida. within titteen (15) days atler execution of this Agrecm'nl by the County Manager. - 3 - OR: 2717 PG: 2152 11. DEFAULT. OWNER shDll be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing :mandw'ds Wld qualification criteria estabUsheJ :n the Impact i;'~ Ordinance and thereatler fails to pay the impact fees due within thirty (30) days of said non-compliance. or (2) where OWNER violates one of the llffordiable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen ( 1 S) days after notice of the violation. 12. REMEDIES. Should the OWNt;R or lhe pru~11y f&Ul to comptr with the said qualification criteria at any time during the fifteen ( 1 ~) yew-period, or should OWNER violate any provisions of this Agrecmem, the impact fees waived shall be paid in full by OWN~R. within thiny (JO) '1Qy:) of said non-<;ompliance. OWNER agrees that the impact tees waived shaJI constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fit\een ( t S) years fr9 ,"~,/"",ij'.iJ~¢A"J~qhe certificate of occupancy or until /''''. ,,,,,,,,,.~'·""" '"'"'·""~ \t ,)') ~.\ repaid. Such lien shall be supe~Athd paramount to th~J~~t in the Dwelling Unit of any :l I ?~'=='"'~"~""="'""''~''"""-\ \ owner. lessee. tenant. mort~ec;i/ or 1 l '"'""··frexee~t liens\ror \:ounty taxes wid shall be on l l ~•~"''°"'"';~"M"li , ' %""'.."'""""t' \ pariiy with liens of any sue~ c?fit t t~' 9 Jt~ be ln default of this Agreement l ~\ . \ ,I · { I . I ond the default is not cure\t"W\t , "u ""s/ 't · otf~"tP OWNER. the Board may ', W"°'"<f.'1; \ f f"""'"li f \\ \ l i.~f bring a civil action to enfi1 ~:"'his agreement. ditiot(~ lien may be foreclosed or \ \' " . <f l J. / otherwise enforced by the c6 '",~,by action or suit / .. ~tflty as for the foreclosure of a \"c-;,0$ fi(h> ~,,,, J''"'''""'" ,,,.,,/ mortgage on real property. This rehi , "·-:ifi[~ff\~~~: /any olher right or remedy available .,~~'""'""~·-·:=,~'~·"'~'"'~""~ to the COUNTY. The Board shall be entitled to m;over all fees and costs. including attorneys fee:t, in~urred by the Board in enforcing this agreement. plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS! -4 - STATE OF Florida COUNTY OF Collier OR: 2717 PG: 2153 The foregoing instrument was acknowledged before me this \14. *' day of G.>..v~L»\ . 2000 by Sillllu~l J. Durso, M.D., President of Habhat for Humanity of Collier County, Inc. l is personally known to me. [NOT ARIAL ~EAL] ,.,::,,. LAUREN J. BEARD ~•'I _J r-fY t'OM"llS~ON 11 n· '"'°"' "'>or 1\: EXPlkES 10/oW?OO? I .IQO.J..NQTAAV Fla ~ Sn-..cft • Buntk c..., Approved as to fonn and legal sufficiency 1]"* Thomas C. Pal r Assistant County /\itomey ANAGER - 5 - OR: 2717 PG: 2154 EXHIBIT "A" Legal Description Lot 8, Block S, Naples Manor Addition, as recorded in Plat Book 3, Pages 67 and 68, of the Public Records of Collier County, Florida. &A r.: ' ··-!&!I!!!!-·--=• •IP·--• : -•==--..;:.:.::.. i:::::·· -.... ...---./:':'... •·llf• . ... ---· ... ----~ •J· -·--=·-...... ·---·-:s:.. •• ..., .c.-flt·--·--~:=.. . FJn... .: : .... ..-. ""::..... ___ ..... .. ... e.-a ~ --...... .. .... -.... .. •·-IU•_Ull __ YI':"-•=·-I:.. :;:::111r r vn::=t..--. ,,. : ~ '=: .. w aiw• .: : =:.:.rllft .... _...., : : =·--·· -----':::"-..!::~ .... , ............ ·--......... . ...... ... -~~ .. ---~~·--- STAYE M rLCRDA) QXINlY Of' COUJER) ··" / ./ I, OlfWlll ... f'<lrt-. $'., a R..,... ..... \.-,..,,._,_ In -Slot• of .. ._...... he<ei>y ce<lity to Habitat '°' H..lnGnlly ol Coll;., C"""ly, Inc:. hit Mte ......... tilet ,.,..., I UWY ol lM ...... 4111Ctillld pr..-. LOT .. aooc n-«. NAPLES MANOR ADOl110N,Oll ,_.. In Plat 8ook J, pope 67 -tlll ti Uie PWllc RICGl'dl of Culill' C-ly, Florido. lhol o _ ... , ol the .......,. thect'.~ .,._11 •os .-under my •ectlan --· --Tec:hnlcal St....dcor• ....... Oiapt• ltCl7-1 rlerida Acll'MllllfetlW Cede. purwcitl lo --•n.021, f1oltdO $\attl\n. lMr• ar• no ...... wrK.T __ ,. ----_,_ .. -.. -'• of ---~· Nu tltle -ch ho9 bewi mod9 by the UW)tllt No atl'"'Cll llal lleln lftGdl lo ........... t.-"' ........ . """ ""'*-.. .. .... $"-'· .......... fl _.,__......to- 0..UIM .. N.G. V.O. 11111 In lrom Bm T ·-250 ....,...., le In ,._ z-"AL" 100-,_. lood eiewllwi ii 7.0, ot I* f'.l.RM. PeMI 120Qll7, 0500-"£', 9d 8/J/9'l ,,~~ .. •• • 11t11: 2684546 OR: 2717 PG: 2163 RBC m BOUSIIC' Ullll IKPIOVIMll! RleOtnlD lft tht OPPICIAL RICOlDS of eoLLfll COUMTT, PL IITllOPPICI 09/05/2000 at 06:06All DWIGBt I. llOCI, CLlll AGREEMENT FOR WAIVER OF COLLIER COUNTV IMPACT FEES This Agreement tor the Waiver of Jmpa\;l Fees entered into this_ day of ___ 2000. by the County manager on behalf of the County Commissioners of Collier County, Florida. hereinat\er referred to as "COUNTY" and Habitat for Humanity of Collier County. Inc .. hereinatter rd'crred to as "OWNER," W 1 T N E S S E T H: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance: Collier County Ordinance No. 88·97, as amended. the Collier County Library System Impact Fee Ordinance~ Collier County Ordinwu;e No. 99·39, the Collier County Parks and Rec~.~.atio'~~iJla~i~'·· .~ct Fee Ordinance; Collier County ~::~'.>······~·······.. '· Ordinance No. Q 1-71. as am~.? ? • • Collier Coun "Jri\ncy Medical Servi\j~~ Systt:m Impact Fee Ordinance; ColJ(er yt'nilJlr:~~tUill&Uls;.~,!j-0,\ 92-2\ u'\ended, the Collier County l { %. t. \ \ Road Impact Fee Ordinanre; ¢,ot("'~I( '~'~\ ~2-~. as amended. the Collier County Educolional f U\iililif, 1 l~.li~. mu~c; ~i:~Tllier County Ordinance No. \ '~~'~"':~. \ \ l ;~~'"'' / 99-52, the Collier County c\>~tional Facilities Im ''21' t p . ~ce. as they may ~ further \ ' l ll/~~"'Jl amended from time to time,~ .. ~i~after collectively ~w·j6 a.~ "Impact Fee Ordinance''. provide for waivers of impac~~~'ist·''M. ~o.wn~f\~.~'~p(~ dwelling unit qwlifyins \\:> '" I ,, f f'' , ,'I \ . . / '%,~"'~'""~ .& f~. It ;'%· :::·:<ft~,f'~ 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 hag COOCIUded that it COIDpliCS Wilh lh~ mf Uir~m~nl:i fvr an idTordable housint5 waiver of impact fees as established in the Impact Fee Ordinance~ and WHEREAS. the impact foe waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualitYing the prvj~t as eli5ible for an impact fee waiver: and - l - 33. 00 OR! 2717 PG! 2164 WHEREAS, by signing this Agreement, the County Manager has approved a waiver of these impact fees for OWNER. WHEREAS. the Impact h:c Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE. in consideration of the foregoing recilnls, the partie:s covenant and agree ru: follows: I. RECITALS INCORPORATED. The foregoing recitals are true and correct and arc incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan arc attached hereto as t·:xhibit "/\" ond im:orpurntcll hy rcfcn:ncc herein. 3. TERM. OWNER agre~ ""~~~~~/'"'" \shall remain as affordable housing /,/·:" ' "~~··""'""~ "°'''"'""'·""~, ;:-,~\ and shall be offered for sale)?/a~;~~,~~~"':~~:"~~~e ~~~J~s'\forth in the appendices:: the Impact Fee Ordinance for a 1peri~ oP11ti 15~ yeats\~omm\tcm' from the date the certthcate of occupancy is issued for ~e ~ ; 1 \ \ 1 1l l ,J ,, 1 l" I 4. REPRESENT A~~~,:rl} IIE~::~~i!:ff represents and warrants the following: \~\ \\) /J/ a. , ~~it shall be sold t~,:~;&o~hold with a very low income as ~~·~;t(~> ~,:~""'-~"'~ ~'°""''"~~··""~ \\, :~./·'"''" defined in th~"'~~1¥s\"'1~:!fie>fmpact fee Ordinance and his/her '"~"'-"'""~-="'-~ ~~ monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance: b. The Dwelling Unit shall be sold to a first-time home buyer: c. 'l'he Dwelling Unit shall be the homestead of owner: d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued tor the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7.5B6J4 pursuant to the Impact Fee - 2 - OR: 2717 PG: 2165 Ordinance. In return for the waiver of the impact fees owed by OWNER. OWNHR covenants and agrees to comply with the atlbrdable bowing impact fee waiver qualification criteria detailed in the Impact hx Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the imtmet fee waiver to a subsequent purch~r, the Dw~llins Unit shall be sold only to households meeting the criteria set tbrth in the lmpu~t f" Ordinance. 6. /\ffORDABLE REQUIREMENT. The Dwelling Unit must be utilized for atTordiible housing for a fifteen ( 15) year period atter the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized tbr that purpo:se during :;uch period, the impact fees shall be immediately repaid to th~ .. ~.Q~NTY. ,,,•"''"''''"'"""' "'""--C<.,., 7. LIEN. The waive .. ;\)~~~~n upon the Dwelling Unit on the ,,~ 4if :''" effective date of this Ag~e~~/ which lien may ~ttl~losed upon in the event of non-compliance with the req6irc.£e~:~f;·1:·~~·'·reemeht. \ \ 8. RELEASE (Of t·f(€~!t/' \om\letion of the Agreement t ! \ \ ~ I I requirements and ti tleen o~I:~~:lftl~r . of~~ certificate of occupancy. or '\#·\\ · 1 r~·1 upon payment of the waive(('i~ct fees, the COU . . s~ul. 1 he expense ot' the COUNTY. record any necessary docwn~~~~r.~dencing the . ~~. ./ of the lien, including. but not ~.,,, ,,e "' ""Ji'"'~~~,,~,~ "'"""' limited to. a release of lien. '·, .. J I I ·~'"' ~:-~"'-"'""~ -= "'-= ~ ~~ 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 :wale or \Illll:it";r by sift of the Dwellinf? Unit, the original OWNF.R shall remain liable for 1bc im~l f"s waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition. this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are sati:stied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Ofticial Records of Collier County. Florida. within fitleen ( l 5) days atlcr execution of this Agreement by the County Manager. - 3 - OR: 2717 PG: 2166 11. DEFAULT. OWNER shall be in default of this Agreement ( l) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter tails to pay the impKt 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 or 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 (IS) 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 im,,act fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and "'""''~·:'''~=~"~,~~~~~~;:~~~"·:~~'''"·~." continuing for fifteen ( l S) years ~~~:~Ai~Mls~:f'' q~e certificate of °"cupancy or until ./ /"''' ''"'/ /•' ,,, *'' ,, repaid. Such lien shall be supe~Amd paramount to th~~re~ in the Dwelling Unit of any owner. lessee. tenant. mortg'~~/o/i~"'."'"~~\".""·:~·exee~t liensVor\~ounty taxes and shall be on l / .~ ·~·!' -"" ' """""'""~ \ parity with liens of any sue~ Cqpn . ~s{ 'hqu .. · ~ be \n default of this Agreement t ~ l . l I I ,J I _ I and the default is not c~(\,\'lt · : :Mi)~s/ . tJge"'tP OWN~R, lh~ Bow-d may \w"""°"0 '\ ·~ :f"~'""'f \ \ "" \ ~-~rJ' _ t l i~ l bring a civil action to enf~~ ~is agreement. l~~d~jio l lien may be foretlosed or ~~''""''-'\\ " '"\"'"J ~· f pl otherwise enforced by the C by action or suit .. '· ~ty as for the foreclosure of a mortgage on real property. This r;~~~~Uft',~:~k ~Y other right or remedy available ~"'~'"c~~,~~,~~'"~•~~:~:,,,:'"'~~:~"'"'~-P~ to the COUNTY. The Board shall be entitled to recover all fees and costs. including attorneys fees. incurred by the Board in enforcing this agn.-ement. plus interest at the statutory rate for judgments calculated on A calendar day basis until paid. IN WITNESS WHEREOF. the parties have executed this Agreement tOr Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name :u·, 1 , ·:s t) , s k- OWNERS: HABIT AT FOR HUMANITY OF COLLIE~r~~~-., ~~~ ~'l~~-7~-~uel J • M.D .• President - 4 - ST A TE OF Florida COUNTY Of Collier OR: 2717 PG: 2167 The foregoing instrument was acknowledged before me this ~day of Cl • ), ' l' .a\ . 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He' s personally known to 1ne. [NOT ARIAL SEAL] ;.!_'),. LAUREN J. BEARD °A..~ MY C'OMMIWON II ct n·•1'lll! Vfffft,'IF fXPIUS ICVW.!00~ e of Acknowledger Typed, Printed or Stamped _/' DATED: l ATIEST: / DWIGHT E. BROCK. Cler~ I - 5 - OR: 2717 PG: 2168 EXHIBIT .. A" Legal Description Lot Io. Block 5. Naples Manor Addition. o~ recorded in Plat DMk l Pageg 67 and 6X. of the Public Records of Collier County. florida. -·---"' --•. r.,... ... I ..... :::1w-" 't: ----!! =~m:::--a -/ ,,; 'i ---~; ..... :.:=rs-.: ~ ·--·- ./ \. ~. / ./ '\ ~ N ...... , ... ~ o"-'Cf'~ "~v r., ( '\ * %~~ \. >+ * ~"Y . " 0 ~ 1'~ ~ 1'v. ~ -.J (<' ..... --ii 6'0· \. ~ 1J Q -~ \. ........., ~ ~ C7"\ "'° / * ,. * AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this~ay of ..::k-£> . 2000, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to ~ 111 as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as = Cl Dil "OWNER." I a WI TN E S S E T H: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreatio.naJ.Faeilitieit Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amend·~ ... ·~.~.··~.:~~f~r~~~!,1~\Efee{gency Medical Services System /.,},/'' ,,,,,t' $''" Impact Fee Ordinance;. Col;' ~l'..~~".!J'.i 9~ ~amended, the Collier County Road Impact Fee Ordmanc~; Cother Co · · man e No. '92-3~. as amended, the Cother I I ,~.~~»"""':,,~"~"<~ '"~-t \ \ County Educational Faciliti~s sk'~t I~ ~p \ .! I 1 C~llier County Ordinance No. 99-52, the Collier County ~ 10 a ~~c)tfo:s m ct d Ice, as they may be further \ .#'\ \ amended &om time to time \\, 1 · \ ·nafter collectivel , ,, ., provide for waivers of impact :fer. new own.er ,,~ ,. )''\· ;'~~'~·"'"~=,,~~""""':.:·,.~:::' :"···"'' ,,$~ \,,J / as "Impact Fee Ordinance", itd dwelling unit qualifying as affordable housing; and '"· ' l·f \ ,~ \, .. "''"'"·~,""~~:,~~"'"'""~'-'~='"'=:'":~'"'ID~'>'~"""'"4''ft~,, WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designec has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project u eligible for an impact fee waiver; and -1 - I WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000-J-f D at its regular meeting of 1!.lJfUIJI./ &' , 2000; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. ""~~~~=~~"' 3. TERM. OWNER a~·"·~.~~~~~~!~~·· · ;~t,shall remain as affordable housing and shall be offered for sale i~/~;'./ ·~c~·with the ~tan ~~$~forth in the appendices to the Impact Fee Ordinance for a rri1o~j!:fi~~·l~::~·¥~\omm,cing\ from the date the certificate of occupancy is issued for tl/e o4t~n~ ~: .. ,, \ I• II f ... ~f ' '. , p ' I I ! I 4. REPRESENTAt~ 11 ',~' ·' 1 ~presents and warrants the \ ·. .. '-··~~··· ! l following: \'::'.. 1 }/~~/ a. ~·~~it shall be sold to ~(~~~~Id with a very low income as t '\ """"' ,/'/' /~ / defined in '·"''l·a~bdiffs · ./· .·\.~p~ct Fee Ordinance and his/her ,~ 11rrr[" t"" ,,/"" '"'"' ~ :_ii I "" %,"" monthly payments to"'piifcTfase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit~ and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7, 140.34 pursuant to the Impact Fee -2 - .. •• Ordinance. In return for the waiver of the impact fees owed by OWNER. OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be 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) J\~Ah! "'~i~n upon the Dwelling Unit on the f. . ,···\, effective date of this Agree~~i. "hich lien may be"t'Jre~sed upon in the event of non-compliance with the reqUii~~~t~.,~;·Aireemefil,. \ \ / / ······""··"! • .. r·• ~~···\ \ \ 8. RELEASE TF rrYN\11 I I ) I . '.. !mp~etion of the Agreement requirements and fifteen ( 151?f'Y~\iq~!!!ffe'~~~c~f~~sua ff ·· .qertificate of occupancy, or l r0w, \ \~'Si' i upon payment of the waived~1'ltt~ct fees, the COUNTI. sh~ll," .• ~expense of the COUNTY. \ 'Gq~l~t-~\, " l /~<~~ C:)/l record any necessary documen~, '"t(~~:~~cing the t~#~·i;~'/of the lien, including, but not limited to, a release of lien. · ····~?'~lj}f·~~~5i~~S~:~::;),..· 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 in the Official Records of Collier County, Florida, within fifteen ( 15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - .. 11. DEFAULT. OWNER shall be in default of this Agreement ( 1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact 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 Agreeme:nt, 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 "" w ~~~--~ ~"' continuing for fifteen ( 15) years fro.. -~~[~~~~~~~he certificate of occupancy or until /,/' ',,"~~ "°'''"""'"-,,,., :,z \l ')') "'~·\ repaid. Such lien shall be su~~} d paramount to ilie~~t in the Dwelling Unit of any owner, lessee, tenant, mortgJee./6r a;b;i~ismrexoopl\ the li~ fo~~ounty taxes and shall be on I l ' \ \ \ parity with the lien of anf s~~ . 'p~ER be in default of this i ii \. I I Agreement and the default\~~~ht~ ~' day~a~~r /~*en notice to OWNER. the \ . \ ,,,. S ••• \.,,,,~l I I"' .. I Board may bring a civil acti., r·· Q\enforce this agreem . 1J a4di~~. the lien may be foreclosed I l ...• , · / or otherwise enforced by the . '~(Y by action or su ·t1(~~~{ty as for the foreclosure of a -flll&• on real property. Thi~~~~~ other right or remedy available to the COUNTY. The Board shall be entitfea·1o~reco~er all fees and costs, including attorneys fees, incWTed by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: ~- - 4 - §ii •• .. OR: 2640 PG: 1105 STA TE OF Florida ) COUNTY OF Collier ) ~ =-The foregoing instrument was acknowledged before me this siJ.!2_ day of d« + , ~ by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier Count ;, He is#"rsonally known tome. [NOT ARIAL SEAL] jd/a/mplea manor addn/agree rioted or St JOANNE DALBEY MY COM)IJ.WON ti CC '1JllU EXPIRES: OSt»'2lm "~""~~,~,,J~Q!JID OF COUNTY COMMISSIONERS Y, FLORIDA - 5 - OR: 2640 PG: 1106 EXHIBIT '"A., LEGAL DESCRIPTION LOT 15, BLOCK 5, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGES 67 AND 68, OF 111E PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. -6 - AGREEMENT FOR WAI VER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thislk day of~-19'1J, by and between the Board of County Commissioners of Collier County, Florida. hereinatter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." \V l TN ES SETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks ~!J~H~~~~i~~~T~}tti·ti.es Impact Fee Ordinance; Collier ~·~'.>······~··~·~ .•. ~·jl\l ~'· County Ordinance No. 91-71, as 1a ··tr: the Collier 't:'l~~fiti;~mergency Medical Services / ~ \ System Impact Fee Ordinance;/C~~Jie~I~~!~r~cOrdit:t~!JC'\ No.~-2'\ as amended. the Collier _l ~ %. t. \ \ County Road Impact Fee Ordipan~~.;··~m\f;G>· . · ·1 N<\ 92-33. as amended, the I !1 I Jt ~ , ~ t ' Collier County Educational ~a,~}~~~:~~lt,7,1~l~~3p· af ~~·}as they may be further amended from time to time ·~¥~after collectively \rJ /'Impact Fee Ordinance". provide for waivers of impact~~ '\~or new owner-unit qualifying as "' dabl h . d "()>.'···· /' ., ' . au or e ousmg; an <::: ,t ·~<,~·.,-,,,,.,~ , .-" ,,# ., \ 1 ,, , ""''" ".' f,.J "."" .,) \ "?/ '"""" ,:{ i ·W * ·~"''" ~"Th_.·· ~,f'~· WHEREAS, OWNER has applied fo.rtr'W~~:,orT~pact tees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the rel)uirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - -8 - .... ..... a= -n :!:t - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 9'-S'/ WHEREAS, the at its regular meeting of~, s ·~/_J._:_ ______ , \ l)l"-and 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 an: true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwdling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated hy referem:e herein. . <fl.ll Cr1 · 3. TERM. OWNER agrees} ~~~vetting· ·\,~U remain as affordable housing ,/ /'· ,, "t $' ' and shall be offered for sale in a<i~r'tt~ce with the standard~ ~ttb~h in the appendices to the / / ~~'=='"'~"~""="'""''~<·"'-""'\ \ Impact Fee Ordinance for a perV~d o/ fift~~n ··-··:·~~--c~~mencin fr~m the date the certificate I /, , \ of occupancy is issued for the ~we~(in .. (t. I , 1 t l\ A , "" 0 f ,i 4 REPRESENTATIO~~ ~:::i\'R\i~/ • \1-i,lw \ following: a. \ \ \ \ \ ,, The Dwelli~~lj~~~-1_1 be sold to ~Jl~J "t¥•~/with a very low income as ~.,,, .,e "' "'"21""'· ~~,,~,~."'""'=""'~·"'""'"''""-~'°""''"' '"···"'' Ji'' defined in the appen~tiffl l9' \t\~~b:L act Fee Ordinance and his/her "~,~~'""'""~'='~='"'='~'"'~'"' monthly payments to purchase the Dwelling Unit sh1.1ll be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buycr; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fi tlecn (l 5) years from the date the certificate of occupancy is issued fl)r the Dwelling Unit; and e. OWNER is the owner of record of the Dwdling Unit and owt:s impact fees in the total amount of $6, I 6lJ.52 pursuant to the Impact Fee - 2 - Ordinance. In return for the waiver of the impact fees owed by OWNER. OWNER covenants and agrees to comply with the aftordabk housing impact fee waiver qualification criteria detaih:d in the Impact Fee Ordinance, 5. SUBSEQUENT TRANSFER, If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance, 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he utilized for affordable housing for a fifteen (15) year period after the date the certificate ol' 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 ~mQlJNIX~ ., .. /·:;.p !il. r;, \::·:>, .. 7. LIEN. The waived i~. / ~~e.s:::s'htttF.ee:J:!i~J~~~J?on the Dwelling Unit on the ,/ /'· ,,, "t' $'' ,, effective date of this Agreemeµ( YKich lien may be f~)\(~1'0~\d upon in the event of I / 1;·~·······••N••··, \· \ non-compliance with the rcquir~fuenl~ otl.t\1 ··m···~enT:'r\ \ \ 8. RELEASE OF ( u#N 1;~lcti~~n of the Agreement t a I i requirements and fl fteen ( 15) yy~~\~ . 1e 11 f€;rfi ficate of occupancy. or \\ \ i /""''·",/ upon payment of the waived im' ''(ees. the COUNTY ll,Jat;f}1~·vxpense of the COUNTY, \ \, '\ t /1 ,A'wj/' record any necessary documentati~~:~~.~~ng the tem1#~.~·~:~~f{he lien, including, but not ~.,,, .,e ". "')'"<· ~~,~~'~·"''"'=""'~'"'""'"''""-~:'""''"' '", .. ,,, "!i\ \ ,,,"",>"·'·' limited to, a release of lien. "·· .. ,: II \\~.\ ... >:;:./ '""~":,,~"'"'""~·-,~='"'=:,,:~'"'ID'"'~"'"'" 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 OWN ER 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 arc satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER ut the expense of OWNER in the Official Records of Collier County, Florida, within fifteen ( 15) days utter execution of this Agreement by the Chaimrnn of the Board of County Commissioners. - 3 - 11. DEFAULT. OWNER shall be in default of this Agreement ( l) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereatter 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 \Vi thin thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commegc.iug".o.nJhe effective date of this Agrct~ment and ~'"'''~ '"l.~. ("'~ -~"··,\'·~:~,".'-~~' continuing for fifteen ( 15) years fron3)/ , t:~rnr~~~~\it~~~crti ficate of occupancy or unti I ./_;,.,, ,,,_.,,t' $',,, repaid. Such lien shall be supcr.6r ~,,,paramount to the int'et::S\\'rQ the Dwelling Unit of any owner, lessee, tenant, mortgage/ or1Gt,hJf~~~,,,~,,,,,,,,,,,,, lien~ C~111ty taxes and shall be on I l /'~0»"~:;~~~<'1 ' parity with the lien of any ~\.ich{1Cqunt' in default of this l j; ~ l Agreement and the default is ~@l~~Q::~~. ; ,,0 ,;w, \ \ us for the foreclosure of a other right or remedy available to the COUNTY. The Bounl shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS: HABIT AT FOR HUMANITY OF COLLIER COUNTY. INC'. , I __,--- nt I -4 - DA;rED: · 1 JAN 1 2 1qqq . ATI.EST: DWIGHT E. BROCK, Clerk Jy:~~(J Attest as to Chairaan's signature onlJ. Approved as to form and legal sufficiency tl4 dt J A J L l. ~ Heidi F~ Asht&l Assistant County Attorney ST A TE OF Florida COUNTY OF CoWer [NOTARIAL SEAL] _/' ) l l ) I l BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By~~~"\.\ ,Chaim1~ day of/~k·u"µu1' .e , 1998 County, Inc. He is personally ' • ~ 11 ot •• . ' Name of Acknowledger Typed, Prillled or Stamped .. ' jd/gm/c/naples manor lakesJagret' JOANNE DALBEY MY COMMISSION ti CC T.11612 EXPlll!S 05IJM002 -5 - '• EXHIBIT .. A" LEGAL DESCRIPTION LOT 12 OF BLOCK 11, NAPLES MANOR ADDITION. ACCORDlNCi TO THE PLAT BOOK THEREOF. AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - / " .,. • ~l " c:: I ' .~ --I .. _$'T~F.Fr ... I ' JU ir '" -""' .I-<. ' *** OR: 2502 PG: 0819 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement tor the Waiver of Impact fees entered into this _ day or 2000, by the County manager on behalf of the County Commissioners of Collier County, Florida, hercinatler referred to as "COUNTY" and Habitat for Humanity or Collier County, Inc., hereinafter referred to as "OWNER." W I TN E S S E T H: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance: Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance: Collier County Ordimm~e No, 91-71, '1S '1mended, the Collier Coumy Emergency Medical Services Sy:nem Impact Pee Ordinance; Collier County Ordinance No. Q~-~~. as amended, the ColHer County Road Impact Fee Ordinance; Collier Cowlty Ordinance No. 92-33, as wnend~, the Collier CoWlty Educational facilities System Impact Fee Ordinance; and Collier County Ordinance No. I I 1 as required by the Impact l of Housing and Urban and has concluded that it complies with the requirements for an affordable housing waiver of impact tees as established in the Impact Fee Ordinance; and WHEREAS, the im~t tee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteriQ in the Impact Fee Ordinam;e '{Wllifying the project as eligible for an impact fee waiver: and WHEREAS. by signing this Agreement. the County Manager has approved a waiver of these impact fees for OWNER. 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: - l - 2728613 OR: 2756 PG: 3300 umna 11 omc111 umm •f muu cmn. n 12/HJHM al 12!12'1111111. 1111, !II 11ta:r.um um I I I IftltomCI -·· lie Ill 21.51 OR: ~1~~ PG; 33~1 J, RECIT t\LS lNCORPORt\ TED. The foregoing reciuds are true Wld correct Wld are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as atlordable housing and shall be offered tor sale in accordance with the standards set tbnh in the appemlices to the Impact Fee Ordinance for a period of fifteen ( 15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warnmts the folJowins: 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 housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. A list of the various waived impact tees is attached hereto as Exhibit "B." 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser. the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (IS) year period after the date the certificate of ~cupancy 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. except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the cenificate of occupancy is issued. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the eflective date of this Agreement: which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. -2 - OR: ~756 PG: 33~~ 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 waivt:d impact foes, and upon payment of the deterred impuct tees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit. the original OWNER shall remain liable for the impact tees waived until said impact fees are paid in full or until the conditions set forth in the Impact fee Ordinance are satisfied. In addition. this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 1 o. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Otlicial Records or Collier County, Florida, within fifteen (15) days after exl!cution of this Agreement by the County Manager, 11. DEFAULT. OWNER "~hat ··~Pl~·~~i@~· · fJ~is Agreement (I) where OWNER .. ~·· ·····~········ \l;,;·, fails to sell the Dwelling UnJ(fu1A1ccordance with the'~fford{lble housing standards and qualification criteria establi~ { 'l's! · \, ~hereafter fails to pay the l /./~ ~ i \ ! impact foes due within thirt}{ ~. ·t f · ' ,b, pl J. cE, ~~dJ} where OWNER violates \ \ J '' C~ S,w\"'"~~='t l C:::/ i one of the affordable housing\ ·~cation criteria in :· · hnpa5~1:~¥ Ordinance for a period of I • f ·''···· 1 fifteen ( l ') days aner notice or~@~~~~.: ..• _ ... ·<~<:\~.>?/ .,,, ,,e Ji""· . . .: :~·"''"'=""'~""""'~:· . '". . \ .. ,,,.""· 12. REMEDIES, Should the··{)~~ot1~:·~r~perty tail to comply with the said qualification criteria at any time during the fitleen ( 15) year period, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwellins Unit commencins on the etlective ®te of \his t\g~~m~m WU1 continuing for fifteen ( 15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except liens for County taxes and shall be on parity with liens of any such County taxes. Should \h~ OWNER be in default of this Agreement and the default is not cured within (30) days atler written notice to OWNER, the Board may bring a civil action to enforce this agreement. Jn addition, the lien may be foretlosed or otherwise enforced by the COUNTY by action or suit in equity as tbr 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 foes and costs, including attorneys fees, incurred by the Board in enforcing this agreement. plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. - 3 - OR: 2756 PG: 3303 IN WITNESS WHEREOF, the panics have executed this Agreement tor Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABIT AT FOR HUMANITY Of ST A TE OF Florida COUNTY Of Collier The foregoing instrument was acknowledged before me this -,~~ day of Ck s:-n0w , , 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOT ARJAL SEAL] ST ATE OF Florida COUNTY OF Collier de ~ G~J Signature ot' Perso~ng Acknowledgm~nt TY MANAGER The foregoing instrument was acknowledged before me this~ day of~, 2000 by Thomas W. Olliff, the County Manager. He is personally known to me. l. {\Llvv\0 ~\"''""'"'''''~ N~~~~,lcLJ /sis n Tilking t\~knowle~gmem ·~~~illo; •• ~'\ ,{CJ~~,~~s.;,£~~··. ENNIF L. MINICK :~ \ ,,. . - *. (/It ! . •.• '* . ! \ irr. 751tt0 j ~I Name of Acknowledger Typed, Pnnted or Stamped ,.. • t • ~, t."-?J·~ "'~-~ )t/ ~I ~~ ~.~~~~~+~ ~-sjiii~~~ App 11\11onn and legal sufficiency l&W\~ Thomas C. Palmer Assistant County Attorney A. B. c. D. E. F. G. H. EXHIBIT"A" LEGAL DESCRIPTION OR: 2756 PG: 3304 LOT 3, BLOCK 12, NAPLES MANOR ADDITION, AS RECORDED IN PLAT BOOK 3, PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Library Impact Fee Road Impact Fee Parks Impact Fee: 820.84 EMS Impact Fee 93.00 Educational Facilities System Impact Fee 1,778.00 Water Impact Fee 1,275.00 Sewer Impact Fee $1,575.00 Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES $7,698.82 :/l • C[HOl.N 1:1 " COICRCYC MONIMNl ... llfNCHIWll( LEGEND NC'tO • NAOONAI. GCOOCllC R/P • RADIUS PQllT C • OtOllO 'OllCAL l>Al\llil Of ltzt R/f • Mttf r.J WAY ' • Ill.TA ··-• flHtl 0 • rlUll ION ~• Miii IJt LUS • NOT JO SCAil • ,.. lK 0 • S(T llCIN (5/1 11W •JH CM'S) . , _ • l[l[JIHM lK A • ARC AC • Aa. eot01IOIO --~Tl' JM• A!PMALT IND • llUIJ(H[/ID .DG • UJll«i l.k. aoa< -1 "! u al • alCllD KAlllNC (lll£$$ OMJIW NOftD) sat • SC11rtN tl • OWN I.II< Ntl • H#. t 1All SC • XCllQI CM • CONIWft MONUMENl OH • C.>\(JIH(AD SW • SIO(WMj( CIN: • COICJl£1t p. PUT SS• WIUIY IVI t.'Oll • COllNEll PC • PQNT or Q.111\IA Tl.II!( T • T~ 0 • 11£11 PCP • P(AWNDjf CONM<l PaNT 1"I • 1DMW't' l[NCtlWk DE • DllWWll USClolCHI Pl • POIU f:I .. ltll$[Cl10H CTV • CAii.£ ltll\t9Cll DH • DlllU HCU TV • lW~ Oii • MAllACI'. Pl S • fltl(J[SSOIAl LAie> SIJl'A'.Wll U/C • ~ OW • Olll'it WAY P<l8 • P()ljT or KGINHltG Ul • Ul\ITY lASlllNI CL • [1[VA11111 POC • P(ljf M CUINttllNI UTY • U1UTY csan -£ASDICHT Pf' • POaR PUJ: ., • woao rn • fNHO f\llOR CUVAJQj PRtl • f'UltlNOT ll[fCRO(( IDUIHf ... HUS llCJUINT fNO • fOIJHO Pl • POINT f:I lANCNIT llfllll • lllANSFOllMlll GW • GUY 'Miit PWT • l'A'itflltNT II • ll[ASUll[l) R • RADIUS D11 RAN<1 MHW • WAH HIGH WAICR RCC • llCCORO=--- CARL TON STREET 60' R/W IHI). NAl I ~ ---... w > -~-~/l S(l NM. . 11 fAI r&.M. I t lM ~ ----C/\.-~r ~!i0.00' (P) •(II) ,,----, -CJ\--·1-u, N"~ . i t !All I0.00' er <. 0 u I llJ x 0 >- _J 0::: w 2 er 0 LL '--" ~ ' 0:: ,~ [L • 1.W ~, 1 N 50'28'30• E 60.00' _ _ I~' (P.:..)..;..t...:..(11..!..) __ -4!~-----------... -- rNO ~/I" llCO NO Ill 0.7' [. LOT 4 .. 0 BLOCK TWEL 'w{ (.() ~ w u ::) I 2 w > <t <( z _J 0 ~ <( u STATE Of fLORIOA) COUN'fV tY COll1£R) --------& ' Ull.ITY USllllNT I 0 .., . ... fl OI ..., z srT vr a tcw I. r. W. RoH, o R99lstared lond Sur111t)'Ot In the State of Florido, h.,.t>y e•tlfy to Habitat f~''\.lumanlty of Colli• County, Inc.' that the for9901no plot repreaent1 o aurvey of the following dttcrlbtd premlstt: LOT 3, BlOO< TWEL \{, NAP!.£ S MANOR ADDITION as recorded In Plat Boole J Pa9e 67-68 of the Public Records of Collier County, Florido. That a 14.lrvey of the above d11Cribtd proparty was made under my direction and mHll the Minimum Technlcol Standards 01 p11 Choplar 61CI 7-6 F'lorlda Admlnl1tratl119 Code. pursuant to SKtlon •12.021, florlda Stot11tes. There are no vl1lblt encroochment1 other than lhown, no t0sement1 or clolm1 of ecn«nent• of which -how knowf9dcJe. No title 14IOl'eh hos been made by the aurw)'OI'. No ottempt ha1 bfffl made to locate footen beneoth the ufoce. --=-'-- SttHt Address Is ~10 Corlton Strnt, Naples Fl. learlnCJt conform to Plot Book J Poae 67-68 £1...atlona 0te N.G.V.O. run In from BM T2~ rr;;;;;;;;:;;:;:;;::;:-,::::;==:;:::::;:::::;::;::====:::::;;:=:===============I ftrop«ty is In Flood Zone "AE" ( NOTES ac REVISlo\is BOUMDARY ~URVIY l'lfllUa IOI 1M· )tlOr ftood elt\'Otlon l1 7.0' ::=;re::::=,=, .=6=;;:8 =, &;;SOO;;::;:.;:ow=G;::::;:o=-=, :;;:::;;L=-=N:;:) =~~===============1 HABITAT rOR HUMAHITY CJ' COLLIR COUNTY, INC .f,w\\~~ '· w. Ron PLS f2~J --= Hot llOlld unl•H •'9ned ond •ealed with tmbo11td 1tol. - PORTILLA-ROii AmOCIAT18, INC. LB 1618 2JM IJflOOO AY[. WI.ES. fl. 3'112 SCALC: 1• • 20' (141) 77!>-951t AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this_ day of 2000, by the County manager on behalf of the County Commissioners of Collier County, Florida. hereinatler reterred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinaf\er referred to as "OWNtR." W I TN E S S E TH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended. the Collier County Library System Impact Fee Ordinance: Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance: Collier County Ordinance No. 91-7 l, as amended. the Collier County ~mergency Medical Services System Impact Fee Ordinance: Collier County Ordinance No. 92-22. as amended. the Collier County Road Impact Fee Ordinance: Coll' / ~tij~!l)/d~\te~ . 92-33. as amended. the Collier / :~,,,,~,/,.~"" ."'"~."'~, ;>,, County Educolionul f Ucilili~! r~~-~~~~~~~lli~r CQlllllY Ofllillilll~~ Nu. 99·S2, the Collier Cuunty Cy~e~~tP,ilJ'>~~~~ ,1 l • '1nanye, as they may be further : !I I 3 t r \ ' ~ t 1 amended from time to tim~c~l!!~tl~tJQ!l~U!~~\~ ref' tP;t~J "Impact Fee Ordinance", l \"'0 "'' \ \~"'$j' ' l ·~ l provide for waivers of imii(~;~s tbr new ow.c Bi4~3~~elling unit qualifying as \'*'4f''"''· \' (' ~ .1 /" nfJ·ordnbJe hou1:1'ng· nnd "() :>,,,, ,,/<'<' ,::/' " " ~ t Mii ,<: ·l'"· " ""Ji'~~~~'"'--_,~."''"'=""'~'"'""'"''""-~'°""''"': ... ,,,'\\'\ \ O''//''.P' " , I I .... ,,,, \ ,, / ,,~'%,~.:'""~ ,, ·(=··' \ ;~~.·.,,:::·:<·ft~,f'~f'" WHEREAS, OWNER has applied forlrwatver of impact foes as required by the Impact fee Ordinance, a copy of said application being on tile in the otlice of Housing and Urban Improvement~ and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has concluded that it complies with the requirements for rui affordable housing waiver of impact fees as established in the Impact Fee Ordinance: and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction or all crtterta in the Impact fee Ordinance qualifying the project as eligible for an impact fee waiver: and WHEREAS. by signing this Agreement. the County Manager has approved a waiver of these impact fees for OWNER. WHEREAS. the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW. THEREFORE, in consideration of the tbregoing retituls, the parties covenant and agree as follows: 2728614 OR: 2756 PG: 3306 DCODll 11 omcw llCOlll ti cowa c:omt, n 12/21/2111 at 12:12PI 111Cll! I. llOCI, et.Ill lie Ill 21.SI OR: 2756 PG: 3307 I. RECITALS IN CORPORA TED. The foregoing recitals are true and correct and are incorporated by reforence herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reterence herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as atfordable housing and shall be otlered for sale in accordance with the ~•~mhml:) ~' tonh in lht appendices to the Impact Fee Ordinance for a period of fifieen (15) years commencing from the date the certificate 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 Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the atlbrdable housing guidelines established in the appendices of the various waived impact fees ls attached hereto as Exhibit "B." 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser. the Dwelling Unit shall be sold only to households meeting the criteria set tbnh in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housins for a fifteen ( 15) year ~riod Aft'r lh; \ta\; \h' ~tniticatC Of OCCUpmtCy iS issued: and lf the Dwelling Unit ceases to be utilized for that purpose durins such period, the impact fees shall be immediately repaid to the COUNTY. except for waived impact fees if the dwelling unit has been used for affordable housing tbr a continuous period of fifteen years after the date the certificate of occupancy is issued. 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. OR: 2756 PG: 3308 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fitleen (IS) years after the date of issuam:c of the certificate of occupancy, or upon payment of the waived impact fees, and uron pa~mcnt of the deterred impui;t f"s, \h~ COUNTY shall, at the expense of the COUNTY. record any necessary documentation evidencing the tenninution 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 transfor 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 we sutisfied. In addition, this Agreement shall run with the land and shall remain a lien asainst the Dwellins Uni\ umil th~ pruvi:>ion::1 of puragruph H wt :SUti5tiCd. I 0. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Otlicial Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the County Mwiager, 1 i, Pkff\Vl.T, \Tff'NIJI\ ~holl llt in ocnmn or lhiJ t\~rccmcm Ol wh~I! OWN~R fails to sell the Dwelling Unit in ac.cgrd~C'--~)X~~::lb~ utTordable housing stwidanls Wld /--·'·' c l.J l t11 '"· qualification criteria estahlishe~Jt:~, piict'F;Q~?\~ thereafter fails to pay the impact tees due within thiny ~O) 9t1yt~~!:saia~n~.cQ@l~lianc~\or ~)where OWNER violates t .i w"J\ ""'~'"'"' \ \ \ one of the affordable housi~ qm~~ . \ fee Proinance for a period of ·rt is da ft . lft\-1\..:\...a\. __ \ 1) It~ l . h een ( ) ys a er notice '\1:.!!~•,~mm101L~: .. -' i::~--··~~~ l /e::,· / \ \ \ 14,,-i' -J / ''""'''", .f 12. REMEDIES. \ ~ •• ·~· OWNER of ~~)'ii to ~omply with the said qualification criteria at any time )bl:(~~~-~l!l~~!!U~)-~Y(_~ _/ 'lXt, or should OWNER violate "··-. I fp~· __ .. /' any provisions of this Agreement, the imp;c~-shall be puid 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 etlective date of this Agreement and continuing for fifteen ( 15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mongagee, or other person e:\~ept liens tbr County taxes and shall be on parity with liens 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 Hen may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as tbr the foreclosure of a mongoge on real property, This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entiUed to re~over ull tees and costs, including attorneys fees. incurred by the Board in enforcin5 this agreement, plus inlere~l &a& &he ~lillUtory rate lbr judgments calculated on a calendar day basis until paid. - 3 - OR: 2756 PG: 3309 IN WITNESS WHEREOF. the parties have executed this Agreement tbr Waiver of Impact Fees on the date and year first above written. STAT£ OF Florida COUNTY OF Collier OWNERS; HABIT AT FOR HUMANITY OF COLLIER C T__,,._. The foregoing instrument was acknowledged before me this \~day of Gicg, il\lLS". 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County. Inc. He is personally known tome. [NOT ARIAL SEAL] LAUREN J BEARD M'I' COMMISSIO"' II('( "'1'111 EXl'lll H !0!!4'200~ ST A TE OF Florida COUNTY Of Collier The foregoing instrument was acknowledged before me this 15_ day orDtawJw'. 2000 by Thomas W. Olliff. the County Manager. He is personally known to me. ~\\\\\lltllll11111~ l\~,,'t. ~\~ ER L. iir/'1~ ~ '-~····':"···.~~\ ,91~-~~r it• UI•" i : ..• :•t erson Talcing Acknowledgment L MINICK ; ~.... I(\ lm40 } ~ ~ ........ ~, ·.\· ..... "°~·· 11'.t . ,, ......... _ ....... ""·· />. ··~-r ··~ '<-..;,~ ~ ~l , __ ..... J \J'. ,,'i Nwne of Acknowledger Typed, Printed or Stamped '1111 I{ ST~"I~ '!..,,~ ,,,, : """''''' Approved as to fonn and legal sufficiency Thomas C. Palmer Assistant County Attorney -" - A. 8. c. D. E. F. G. H. OR: l1~~ PG: 331~ EXHIBIT .. A" LEGAL DESCRIPTION LOT 4, BLOCK 12, NAPLES MANOR ADDITION, AS RECORDED IN fLAT BOOK J, fAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Library Impact Fee Road Impact Fee Parks Impact Fee: 820.84 EMS Impact Fee 93.00 Educational Facilities System Impact Fee 1.778.00 Water Impact fee 1,275.00 Sewer Impact fee Sl.575.00 Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES • 5 • 111 OR: ·~1~~ PG: ll11 ttt CA, • CfJl1DIUNC .. • PCHMA1111 .lli1Q!Q HGW • NA DAI. CIOOUIC I/' • RAOIUS POllJ e • CONC11t1t MONUIOT c • QtOllO o~ OAlW Cf 1121 R/W. lllGHJ Cf' WAY 6 • DD.TA Cl • atORD llCAlllNO (IH.CSS OttOW NOltD) SCI! • "1IP! •I• • fD«t Q. • -lJll tijif • NM. • TAI SEC • SEC11ClH 0 • FOUND lllOH QI. ~1t llQtUliliHf Iii. OOtUD 51 • ... t • MOii all l[S$ CCX• CCllal'.1[ p. Pl.AT , SS• WllNIY S[WI • .,, lO 9CAll COit • OOllfCll l'C I Pmfl rl QIVAl\11[ T I TomMP • ,_ Lii D • DUD PCP • PfllMAIOl COIJICl l'Olll .. • lOIPCllMY l[MCHUAllk 0 • ltl IRClll ('/I DE • lllt~ [ASDlfHT Pl • l'QNT fl lflllSlCD Ctv ~ Cl&l lllftlll 11r.8A11 •1N CAPS) DH • DllU MOL[ • TV • tW't1SICll -T-• 1tlDHONf IJIC Oii. OllAINAGt PlS. Pf!CH ... I.MO UWYOll U/Q. ~ A• MC OW• DIN WAY POI• l'(llT Cf KGNM IJ[ • UllllY WDDT At • NA COID'llOIO n • WVAION POC • POllT Cf IWll4[W'ftPT UTY • UlllTY .,, • WllOIMA1t [Siil I [AIJPJ pp I ,.. PCU I) • WOOD ASPH • ASPHM.T m: • f1IHD flOOll ELtVATll»I Pfllil • llPMNINT ltUtJIOIC[ IQUIOIT 1M • 11'1'.SS IQUDT FND • rouN) PT • l'(llT Cf TMMWIT xn. • ntAHSFOllD IHD • IW(t4[AI) IOG •UONG u • aoac GW • GUY Ill PWT • PA'ODIT Iii • ~ •• RAlllUS Cit RAHG[ MHW • MEAN HIGH WA ltR llCC • Rt:COllO l CARL TON STREET 60' R/W u ~ ---~1'~ ...... ~). l•l r-.... C;! u I <( u I w > er 0 l.L.J x 0 >- _J er w ~ ~ 0 LI.. ......_,,, • 0 tD w :J z w > <{ <{ z _J 0 a:::: <( u STATE Of fL~DA) COUNTY Of COLLIER) :/rft. SET NAl a TAI l .M. ". ... I~ • t ~ ... ~ ..., z LOT 4 9LOCI< TWHV£ .. - 0.1 g .n II) .... ! LOT 5 6 BLOCK TWEL~ I r I • • 0 !" .. r> OI I') z '· F. w. Rowe, 0 R99i•tered Lond SurYCl)'O' In tht Stvtt of flOf'~. htr~y GWtlfy to Habitat for Hummlty or Colli.f County, lne. that the forf90ln9 plot reprnent1 o aurYey of the followil9 dtscrlbtd prtmiHI: LOT ... BLOCK TWEL\{, NAPLES MANOR AOOITI~ QI rtc:ordtd In Plat Boot! J Pa99 07-08 of th• Publk: Record• of Collllr County, florldo. That a eurvey ol th1 above dtlcrlbtd Pf'operty wot mode under my dhction and meet• the Mftlrnvm Technlcol Standard• 01 pw Chapter 61G17·6 Florida Adrnlniltratlve Code. purlUOnt to Section 472.027. Florido Stotut11. lhttt ore no \1alble eneroachment1 othtr than lhown, no t0Mmtnt1 or cfelm1 of ta111nt11l1 of which wt hove lcnowttdQt. No tltlt HOrch hOI been modt by tht 1Urvtyor. No attempt hOI bttn mode to locot• foot•• beneath the aurfoct. · 11 StrNt Addr"' 11 5414 Cortton StrHl, Nople1 Fl. ltcl1ng1 conform to Plat Book l P09t 67-68 Eltvatlon1 art N.C. V.D. run In from BM T250 PrGf*tY ii In flood Zone .M.. [ NOTIS • RIVISlONS BOUNDUY 9URY1Y ,....,.... ,.. too-)'MI' flood ••wt1on 1' 1·0 • lf=;r;;=e 71 ~148:;:/;::8~18::::500:::.:==.o:::::wc:=ro==-=:=,:::;:l ::::r.:L='.-N~=\.i====;:=::::::======:a f;\.A-1,~ -F. W. Rowe PLS f2~J Not valld unltn "9ned and HOied -·-""--- -._ . . HAllTAT fOft tMWtTY ~ WtLl;ft ~Tl. Ni PORTILLA-ROii AROQ4Tl8, UfC, LI f61D 2Jl4 l.MOOO AV[. !CAU: , •• 20' O.lt: MIM'8lt , 1. 20llD I ,, ' 1 " ' ' t ~. t AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thi~ ~of~ 1999, by and between the Board of County Commissioners of Collier County, Florida. hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hcreinatkr referred to as "OWNER." WITNESS ETH: WHEREAS, Collier County Ordinance No. 99-52. The Collier County Correctional Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier Cou~.~i. f{~{f~!l1J~~1;: mpact Fee Ordinance; Collier County /.. ,) ,. ·-···········~··········· iC.1 ! Ordinance No. 99-39, the Col){~ ·nty Parks ·a ' , .eational Facilities Impact Fee // '~),/' . '~I-"'\\ Ordinance; Collier County ~p(ii~;1Cik:~~~=·9.t:.Zl.!..~.~}!\ende\ th\ Collier County Emergency I r "J1 ""'~'"'"', f \ \ Medical Services System Ifhpar.·~····~~~,1 9.t~.··l~. · · · r:\,, .~ .•. 5~,\lnt}\. Ordinance No. 92-22, as ' j i ,t \~ ,p J '%. \ l !! 11 ' amended, the Collier Count RKad( Im~a 1 J nc~ 11~ ~oll~er County Ordinance No. I C'l \ '""~::;;::~" \ . J t: I 92-33, as amended, the Coll~;~~unty Educational F\Ciliti Sf~ Impact Fee Ordinance, as "'\"\\ ,,%\%"">") they may be further amended 'r~i~~~e to time here! ·!~::Ce~i~ively referred to as "Impact Fee Ordinance", provide for w~i~~~iIDP.!:!£LJees.~f~r:~)w/ owner-occupied dwelling unit " , 1'.1 .,.,,' ,,,,./ ''~-"''"'~ ,:{'"' 1 l ·~"'"\\Th_.,• ·ft~,f'~""'· qualifying as affordable housing; and ··-::.-............. :.: ..... ·· WHEREAS, OWNER has applied for a waiver of impa~;t fees as required by the Impact Fee Ordinance, a copy of said application being on file in the oflice of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - bd ...... n ~ M•C""'lfl'I -.a ......... r1" --"" ~ $1111:1 .. ·~ ·~ c:> ----= .... 0 '~ <"> ... .... ::s: -... a >o ..... ""' -.. c., = ..., r" a 0 "" ..... .... ,.'} ~ c' ...., .. '-' < > ·-· ....... .. ,. P.J .., WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99~-' . at its regular meeting of ~?'..;cJ . 1999; and WHEREAS. the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE. in consideration of the foregoing recitals, the parties covenant and agree as follows: I. RECITALS IN CORPORA TED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees li:~.~hall remain as affordable housing // f >~:'\' and shall be offered for sale in)lC\Q~/ ce with the standa~R:se~orth in the appendices to the Impact Fee Ordinance for a p9~oq1~f 1:~6~(r'S}yea1'sfc~mrn~in~/rom the date the certificate I l ,d""~"""~,,~,,,..J" ,, \ \ of occupancy is issued for thf D1l~ll;n~, \ 1 t ~ \ \ l \ " I I 4. REPRESENT ATl~~"'~:O ~ S. ,'.:Q.~~R"yepresents and warrants the ., ,.,0•0'· \ " • \' . ./ following: \ ""\'.\ \ · \\. ,, \ } l '\ ""'"'i"';r~'"'\ , >' ii tl,A ./ a. The Dweh{ilg~.!,_~.shall be sold to .. ~_:.:~~u~\l6ld with a very low income as "'~i ,l"'·-., """" J''"'' (' \. ,,»'' defined in tlle:~~~.e!!'fffe[\~~~~t:JinPact Fee Ordinance and his/her monthly payments to···purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first.time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fitteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and c. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee -2 - Ordinance. ln return for the wai\er of the impact foes owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fe-.· Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwellmg l'nit suhject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be ~old only to hous1.:holJs meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwdling Unit must he utih.1ed for affordable housing for a fifteen (15) year period after the date the cert1ticate of occupanc~ 1s issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived ~· at~t\~ll~~h;.~~) /,/'"" ) ',,,,.~'·"""""~ ""'·,,_ :'14~n upon the D\\dling L'nit on the """'·', effective date of this Agree~~ktj,/\\'hich lien may fl l"' ~~'=='"'~"~""="'""''~<·~\ non-compliance with the reqyire'}l'ent~bFi is A~'~eeni~n\ l l ~•~"'$'"'"'°:,~4"li ,v~·t''"'' "' ' 8. RELEASE PF ltitN\I/ I 1\ t ~ l \ . l I I ,J requirements and fifteen ( l ~r~~~~':att~f'fu~itat' u l W"°'"0q \ \csj' '\ ..t' ~~osed upon in the event of \ \ \ \ \ \ \ ~mp\etion of the Agreement I I rAJTei ~ertiticate or occupancy. or / ie:;~/ 1e expl.'nse of the COUNTY, tt?_ t upon payment of the waived ~t fees, the COUN~,~~~,shpl \ 'v\ l ""' ''"""11 ' record any necessary document fiqa~~videncing the telll)·' t~t~> ~·" """''~-,,, '"-\,,~'"" limited to, a release of lien. the lien, including. but not 9. BINDING EFFECT. This Agreement shall be binding upon tht.> partit:s to this Agreement and their respective heirs, personal reprt->sentatives, successors and as~igns. ln 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 satisfkd. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen ( 15) days ath:r execution of this Agreement by the Chainnan of the Board of County Commissioners. - 3 - .. 11. DEFAULT. OWNER shall be in default of this Agreement ( l) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards amt qualification criteria established in the Impact Fee Ordinance and thcrcatkr fails to pay the impact fees due within thirty (30) days of said non-compliance, or (1) where OWNER 'iolates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a pt•riod of fifteen ( 15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply "ith the s<lid qualification criteria at any time during the fifteen ( 15) year period or should OWNER \'iobtc any provisions of this Agreement, the impact fees waived shall be paid in full by OW!\:ER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees wai\'cd shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years fro~---~ (~e certificate of occupancy or until repaid. Such lien shall be su~5rl~'./ .F , n~l!r'\ in the Dwelling Unit of any owner, lessee, tenant, mortga~~e. s>( d1Ji~···pef~~ccgh1the lie for\"'ounty taxes and shall be on j l \ \ parity with the lien of any/ suefb:···· . · W~ER be in default of this t II t \ i i\ I I Agreement aud the default lis-n 1 "';titt~n notice to OWNER, the I' .. .i '\ ''· 1 Board may bring a civil acti~~~force this agreem~'!/ lnja~1~ .. ~~~ the lien may be foreclosed \ "" i .f.,A,wj/ or otherwise enforced by the .. ~{Y by action or sui )1:( ~Y'fty as for the foreclosure of a mortgage on real property. This';.,{., ;'ft~...$1<: other right or remedy available to the COUNTY. The Board shall be entitlealcf .. reco~'er all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Wai\er oflmpact Fees on the date and year first above written. OWNERS: HABITAT FOR HU~ANITY OF COLLIE -4 - OR: 2578 PG: 2530 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this .__:r day of ,~ • .A < , 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. H.:-is personally known tome. [NOT ARIAL SEAL] ~o1P:~; Tal"t;;k~~~j;~~cno ' 7!-,,'#/J-'/ t v_~_);:r-J / ·..-;_-; i' ~ / Name of Acknowledger Typed, Printed ot Stamped cidi F. Ashton Auistant County Attorney jdlclnaples manor addn/agree/bk 13 lot t 4 - 5 - OR: 2578 PG: 2531 EXHIBIT .. A" LEGAL DESCRIPTION LOT 14, BLOCK 13 NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN Pl.AT B(X)K 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. -6 - ----------------------PLES SHEETZ MAl\IOR &xff~ .. r /I-OF Z ADOITIOt" /J~f /d~-nL.. 3 . /-f' . G% DESCRIPTION NOTE: THE OESCR1PTION GIVEN ON ~SHEET I OF" Z INCLUDES THAT DELINEATED ON SHEET : 2 OF" 2 SHOWN HEREON. "° c:::> en -SCALE: I INCH= 100' It!) ~ R~DE.k'S ME.MO: LcJib&lilY of W ritan¥. T ypmg c .. Prinbog OOllllllUaCUTy Ul 1111:1 ~ whftl rc:cc..00. / / *** OR: 2578 PG: 2532 *** ~ C'¥") ~ C""-JI ~ c:::> ~ ~ ~ ~'I <fl•, • c .. ~'' -. /YOT£.· '/ · < . ro •< £•~ .. rJl/lf'ucr.10 '• l,,..JI, <1••'""""",,."Y ""''~!'-~ Iii} _,,, • . /:f At••·~T "• ~· rrtft/,i I , ' I , ' I "'t./ 1• /, Ii 1/1! i; I , .. / i • I' ~~_,.,..,. I •I fl> •" or ,t' :\ t ~,,,, __ 7 -, c; _5TA'EET •• I .I# i '" I 6~ I H I N , , .... 7" .,_,_ -'/# .. !! ~ l ,...,.,_/ •C--".r "I "" 'I ,,_ / I . . I I, 1Y/ : I ~ I . ~ f ~ .:FTA'rrr ~1~ H ! .. • -I ... "r· • I • -I -I -NAA'~~r "' ~ ·~ "' .. ' I J •• /, '/ I IT I 11 ,.1V I ~ ."1 l' I ~~ iL_,,===-=--==-ti=i=ti=t--=fn?~~=!-=!-4 "''' I' // l ~ : I_ -----------. -W :; t 1-~ l ,. L· l : 1 ~ 1 ~ 1 ~: l ~ I .1 :_LL. I -~ l I -I I• I .I/ I II I •• I 2""6 I 14 I ,, I 6? 7 I c 6 I I ,..\ l • A, ,,,.. ,.. -• • ,. ~ ~ \ ~ ~ I I . . .. AGREEMENT FOR WAIVER OF COLUER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entereu into this -l_ ~y of -~ l 999, by and between the Board of County Commissioners of Collier County, Florida, hereinatler referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hcreinatkr referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 99-52. The Collier County Correctional Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Lib.t:O\fl:~-y~wm lmpact Fee Ordinance; Collier County ,/,.,,/"'" ·< "{~~ 11' ( '"i £>""'\ ""'"''"~, Ordinance No. 99-39, the Colli/'~r(~~~::l>~'K'i-~Jd?~~eational Facilities Impact Fee /' /' '~~''./ '"f' *'' '~ Ordinance; Collier County Or~l~a~;1~0_. __ 21~-~~'.-._~~ a~end~th\Collier County Emergency Medical Services System I111~aq/ F ;-"w()~)7 · -C~lller Co~pty\Onlinance No. 92-22, as l l 11/.~ ,~·t ' 4:;''"7,,?:\ \ 1 I /I 1 ll 1 i amended, the Collier Count~ R~d J; _)! qollifr County Ordinance No. \~,\ ' ,! y i 92-33, as amended, the Colli~t'{'~un y -~~y~t~}lmpact Fee Ordinance, as ~ ¥#~ \ } / ;'""''· / they may be further amended ~?~~~e to time here ~J'~~/it~:i\,cly referred to as "Impact Fee Ordinance", provide for wa~ tf:,,j!!1pact fees)C>r;'~1\~,,:16wner-occupicd dwelling unit ' )''\• i,\' ~~."'""'="-='"'""'"''"~-~"" i, .. A, "{(' \ O'',Jl'';•" qualifying as affordable housing; and '''-,,,:ti.I~,,,_,~-~:~:::>:::~/ WHEREAS, OWNER has applied for a waiver of impact tees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has n:viewed the OWNER's application and has found that it complies with the requirements for an atfordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance 4ualifying the project as eligible for an impact fee waiver; and -1 - ... .... ....... <'.> .... -n ... --..,. -- .. WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99°""0? at its regular meeting of d,.Y'~~ , 1999; 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 IN CORPORA TED. The foregoing recitals are true and correct anu 'ihall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agr<es ~ · ~~~~~.~~I r<main as atfordablc housing and shall be offered for sale in ~fc / with the standar~~\~rth in the appendices to the Impact f'ee Ordinance for a pe¢od 9f t\tl~~·(l5')~ye::tf·S.tbf1me~ng \{om the date the certificate / / w\'"''"'""'_,~,r~'"'",, \ \ \ of occupancy is issued for the 11I:>wf.ttfng~lnif.7"'\ \ I, ii -r '1r· t 1 u , ! ~ I i J , I I 4. REPRESENT A TIQ.W~\\~I~::J '. bJER:~J>resents and warrants the following: \~\-7%!5/ a. :l:Jnjt shall be sold to a 9fa with a very low income as f"''"\"'" / defined in the;~f a~t Fee Ordinance and his/her '"""•~, monthly payments to purcfiase'""lhe Dwelling Unit shall be within the affordable housing guidelines established in the appendic.es to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer: c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fi tlecn ( 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 $7, 140.34 pursuant to the Impact Fee 2 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling L'nit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling L'nit must be utiliLed for affordable housing for a fifteen ( 15) year period a Her the <late the certi tic ate of ocrupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose <luring such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived i" c··.~{~~~~~)§;~~:JJ~n upon the Dwdling Unit lm the , ·"""""~"-' "°'''"""'"' :,z \l '~), '"'~ .. effective date of. this Agref7; .• -~c~lien may ~~~~se.I upon in the event of non-compliance with the reqq,ue"}Cnt},,1Q.t.,!~1s 'i\:greemen,. \ \ j t t. \ \ 8. RELEASE ~F /~·fl}~I . of the Agreement I u r E I ~ i requirements and fifteen ( 1 ~A·~1dks~.~<t~,i~.~~t~. '•, >· \ """"""''""'"'"'''' ~-'""""""''""'"' ' \ r·w \ upon payment of the waived~ \ct fees, the COUN , 1 expense of the COUNTY, . ' (/ record any necessary documen tt\.Cvidencing the temu · · iQ.ni6f the lien, including, but not limited to, a release of lien. "'~(~~;,':;~·;·,~· .. -··· .. .>·/// ,,~-,,,,""' _/" I ,~"·/" "•~," ~:-~"'-"'""~ -= "'-= ~ ~~ 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors amt assigns. In the case of sale or transfer by gift of the Dwelling Unit. the original OWN ER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fitleen ( 15) days atler execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - t 1. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards anJ qualification criteria established in the Impact Fee Ordinance and thereatler 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 saiJ qualification criteria at any time during the fifteen (15) year period or should OW~FR 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 waiveJ shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen ( 15) years fro~} .. th(~~~~~[~§~~~~~"'~he certificate of occupancy or until /,/' ) ,~''"~~··"""""~ ''"""'"'·,,,., :<-\l ,)') ~-\, repaid. Such lien shall be sup,5 ' . paramount to tfl't~<t~er~ in the Dwelling l'nll of any owner, lessee, tenant, mortgai~e •. P{ 6Jl!~~pe.rs0ft·@M;e1>t\the Ii~ fo[\County ta.\es and shall be on j l w"J\ \ \ \ parity with the lien of any/ sul,Jt·'1.'~ , , W~ER be in Jdault of this 1· !1 I 3 t 1 u ~ i \ l I I Agreement and the default \ir:P1 1 ay r rF~n notice to OWNER, the \-\ ~ ' j~J Board may bring a civil actio~t,Q~nforce this agreem~, Inja~~~~,~· the lien may be foreclosed ' ' >' i, /-",A ,,W/ / or otherwise enforced by the ,Y by action or su1 ·• ~µity as for thl: foreclosure of a " ~ ' mortgage on real property. This re' ,~~/~;other right or rem<'<iy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attomeys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS: - 4 - OR: 2578 PG: 2537 ST ATE OF florida ) COUNTY OF Collier ) -r The foregoing instrument was acknowledged before me this---1' __ day of ·-' s~ .,,_ "·-, 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally known to me. .... [NOT ARIAL SEAL] \ . --. ..t--=c.."i >:. "'.. /-<~, I-< '?;--------- Stgn~ltlto of Person Takmg Acknowledgmc~~ -,---. ~ Name o~ :fc~:~~~r Type~~(ed : (~d------ ,/ . i*st '"to Ch11run·s stgn•tur• OllJ. Approved as to form and legal sufficiency ftcidi. AShton Assistant County Attorney jd/clnaples manor addn/agreelbk2lotl0 - 5 - OR: 2578 PG: 2538 EXHIBIT ·•A" LEGAL DESCRIPTION LOT 13, BLOCK 15 NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - PLES SHl:.l r Z MAl\IOR Ex//~,,r /I OF Z ADOITIOt" DESCRIPTION NOTE'. THE DESCRIPTION GIVEN ON •SHEET I OF' Z INCLUDES IHAT DELINEATED ON SHEET : Z OF Z SHOWN HEREON. '° c:> °"' ..-C) g... ~ C"'"') ~ C""-.1 Rf.CO<Uf.R'S MF.MO: l..epidlly of Wntint(. TYJ)in& C'I Prinliag unsa~ in tfii.1 ducurneil whcll ieca"C'Jd. SCALE: I INCH= 100' v *** OR: 2578 PG: 2539 ,/ *** p~ f /.:3~ ~ ./. 3 .1~. a-~ rl ~t ~t, ~~, ~~ \! I I ~ 0 --_._ :":-i---~ ••, ~ --/'yOTF: -~-7, ,~,,. rrt),i . ' I ,, ,, I "/ 11 + I' I jl ·; I/ i !i /t~ --t ~...J: I •I / I .. I I. / I ,, ( 1"/' I ~ V I ~ ~ J't o' ~f f o" I .,. ./ 1: ' ~r.lf'EE T :1 C • ' -I ', J::_,:'C, t\ -J •-'-p, ,t -J !s j j -f J ... }; • ·-y ,.., -~ I •• t •• ....._ •• II -'" I #I I N I _,, /"' 4--7., ____ , ,,. , 7' ~ •I :6 Ii ~ -I -. -• ----::...J... ___ ,._ ....:.--L-=--L -I -I -. -'~-~·~-~·_;:._' /VA.ff(QJr~ .;FTNrrr h I •I / L ·-" .. ' /, IS I'' IJI I ~I ' -~ ! " ~ ,!! 1 ~i~ I~-==-==~-=---==¥ ti= =i= + i=tn?~«t: ~ + :t ~ I• .. ,, ,,, ,1 I ·~·~ I : . 1 . / ~~ : ~~ : :_ . -----------. . ,. l ~ 1 ~-! ~ l ~ tJ :) ~ l ~ 1 :: l ~ I .1 :. L ;_: ' -. -.. ~ I ~ ~ ~ AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this_ day of 2000, by the County manager on behalf of the County Commissioners of Collier County, Florida. hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc .• hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 98·69. the Collier County Regional Water and/or Sewer Srstems Impact Fee Ordimlnce; Collier County Ordimmc~ No, 88-97, QS wn~nd~, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance: Collier County O~~inanceJ{Q. 92-22, as amended. the Collier County Road Impact Fee Ordinance; CoJHj~\~~~Y''U~~~,,\~,~,92-33, as amended, the Collier //' \,,/' ,,,~ t"'' County Educational Facilities (rs~~~~~ce; ,~ \zmer County Ordinance No. i l "%, ~,r~'"'"',, \ \ \ QQ.52. the Collier County Cf rrevitlr~~C'~~f~ . inanfe· as they may be thrther t n ~ \ n i 'i' @ : y 1 amended from time to tim~/'".l~~~m,A~ ett, re~~ \~t~ "Impact Fee Ordinance", ., ••• ,., \'!!. l /.~/ provide for waivers of im~f;'fees for new own~~cqLg · / ~.:~lwelling unit qualifying as . . . \~f'~:).>... />~;~~:?/ atlordable housmg, and "'<t· ,~~,~···-., .... , .. ~·········,-,··~··\ 1;\// "''~ I . "'J r~: lr '".·;:.>""'"' WHEREAS, OWNER has appli~·Mr~··~mv ofimpact fees as required by the Impact Fee Ordinance. a copy of said application being on file in the oflice of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER 1s application and has concluded that it complies with the requirements for an atlbrdable housing waiver of impact fees as established in the Impact Fee Ordinance: and WHEREAS. the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualitying the project as eligible for an impact fee waiver: and WHEREAS, by signing this Agreement, the County Manager has approved a waiver of these im~t fees for OWNER. WHEREAS, the lmpuct fee OrdinMce require:i that the OWNER enter into an Agreement with the COUNTY. NOW. THEREFORE. in consideration of the tbregoing recitals, the parties covenant and agree as follows: 2728616 OR: 2756 PG: 3318 nMD i1 on1cw. .., of cou11 eon, n IZ/Zt/Zltt '' IZitZfl 111&11 I. llOCI, c.111 llC "' 11·'' ltu: .... 11111 OR: 2756 PG: 3319 I. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. ,, LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall ~ otTered !Or ~ale in a~~ordan~t with the standards set tonh in the appendices to the lmpu~t Fee Ordinance tbr a period of fifteen ( 15) years commencing from the date the certificate of occupancy is issued tbr the Dwelling Unit. 4. REPRESENTATIONS AND w ARRANTIES. OWNER represents and wammts the following; a. The Dwelling Unit shall be sold to a household with a very low income QS detined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within 1v,a\{ -~~~s established in the Appcndi~es // c~>/ '"::r" '\\ to the Impact Fee OrdimmcFic // \ \ b, The Dwelling Unit Jau~io !W~: \ I' u ( i ~. I j t . t\ i f"'1 \ J I ~. The ow,lling Unit s~~1~ibtfid d. The Dwelling Unit s~n as a!Tordable · in(/ 11ifteen (15) years from the date the certificate of occupanc~~~~~~ft~t: and '" ~"'-"'""~ -="'-= ~ e. OWNER is the owner of record of the Dwelling Unit Md owe:s impact tees in the total amount of $7.698.82 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER. OWNhR covenants and agrees to comply with the atl'ordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. A list of the vwious waive'1 impAct fees is anached hereto as Exhibit "B." '· SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for atfordilble housing for a fifteen ( 15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unil ce~es to be utilized for that purpose during such period. the impact fees shaU be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for atTordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 1. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the etTective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the reauirements of this Aureement OR: 2756 PG: 3320 8. RELEASE Of LIEN, UJX>n :xili~fti~lory ~ompletion of the A5reement requirements and fifteen ( 15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impuct fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the tennination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall ~ binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition. this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Otlicial Records ot' Collier County, Plonda, whhln irneen (15) days alter execution of this Agreement by the Co~~tY:;¥l81f1ft~::;::·:>,. t t. D~FAUL T. ow~,[~tr':&·\n~deffiulfJt~~{\greement l l) where OWNER .. / \~)/J" ";:;''-· .\ fails to sell the Dwelling ,~~it/l~ 'iic~j~dm.>t·hwi.tlf··\the a~rd~le housing standards and qualification criteria establi~hc . r1 ~?~d \h;r~'1ft~r t'1ils io IX'Y the R 't \ l 1 j impact fees due within thirt~t~Of o n~ • p~~.J~i~) where OWNER violates \ ¥#\,;\ \ J ) "''· .f \ \. 1\ \ I one of the affordable housing t<Ut1~ation criteria in t .. 1,\i J ee Ordinance for a period of "'.· .• , / h / fifteen (15) dayg after notice of lhe R~~L:[~~ 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen ( l 5) 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 congtitute a lien on the Dwelling Unit commencing on the effective date or this Agreement and "onlinuing for fifi~en ( l ') ye~ from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest In the DwelHng Unlt ot' any owner. lessee. tenant. mortgagee, or other person except liens for County taxes and shall be on parity with liens of MY su~h County tMes. 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 a'i 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 interest at the statutory rate for judgments calculated on a calendar day basis until paid. OR: 2756 PG: 3321 JN WITNESS WHEREOF, the parties have executed this A~reement for Waiver of Impact Pees on the date and year firgt above written. ST A TE OF Florida COUNTY OF Collier OWNERS: HABITAT FOR HUMANITY OF COLLIERCO T The foregoing instrument was acknowledged before me this __ day of , 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOT ARIAL SEAL] £"-'} M~~!!.~,!JN~Ec~~.~~ \..,,'11 J E l(PlllH iOIW!OO~ -.. .,~ rune of Acknowledger Typed, Printed or Stamped l·IOO->·NOTAIY ~la NUU1)!i<n1<n&lluo1u111¥lu ST ATE OF Florida COUNTY OF Collier Approved as to fonn and l~gol ~uffi"ien"y i~L- Assistant County Attorney TY MANAGER - 4 - A. 8. C. D. E. F. G. H. OR: ~1~~ PG: llll EXHIBIT "A" LEGAL DESCRIPTION LOT 7, BLOCK 14, NAPLES MANOR ADDITION, AS RECORDED IN PLAT BOOK 3, PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Library Impact Fee Road Impact Fee Parks Impact Fee: 820.84 EMS Impact Fee 93.00 Educational Facilities System Impact Fee 1,778.00 Water Impact Fee 1,275.00 Sewer Impact Fee $1,575.00 Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES $1,698.82 ttt ttt CA I WIUN 11 • .,.,... lEvcNo HCW • NAJOIAI. cuuoc R/P • Hillis PONT i;J • CONCllt ft llONUMCN I C • QiOllO Uncli D~IW f11Ht R(W • lllGHl IJ WAY A • Db.TA ··-• ftMtC 0 • IOUNO IAOH * .... Oii Lt~ • HOr ro SCA1.L - -• POllJI LH el • allllD llUlllNC (Ulll~ OMllllKI'. N01r0) SC11 • !CllttN Q. • OWN I.II< Ntlf • NH. t lAI Slt • $lC1QI 0. • OONCIUt IMHJW(NI ut4 • IMllHUll 5W • SIDH*IC CONC " COMClllll . p. PUf SS " SNtfMY SlWlR Cal • ~ PC • P(lljJ or QIRVAIUll( I • IOtllS*' 0 " Kl lllOH (5/1 AOWI •IH CAP";) 0 • MCD ptp • PlllMNlNT calllCl PON! llM • l(NN!Y l(NQllMI( ll[ • DltAINAC( USLMCNI Pl • POINT CK 111[RS[C11QH CIV • CAaf 1tl(\4SIOI DH • OllU Hll( TV • l(lL\49QN I • 1£UPl«M Liii A• ARC It. •• C0011!Mll /I/IP • """'°*"I( A!llltj • ASPHAl.l ""° • llULllHf NJ II.DC • UlllNC OR• ORAa.MJ Pl~" IUlSDJl lAtll U\tYli U/C. tJalKICUll DW • Pll'lt IAY P08 • P0911 Of •GINMG IJ( • UllJIY [ASJlllNI Cl • [lfYAlll* POC • PONT (J CGlllUIOT 'JTY • UllllY CWT • [A5(M[NT PP • ~ POU II> • W000 rrr • l'ldlO JUOI nmlll* Piii. PUIMNINl ll(f[IOl IDUINI ~. llUN[~ IMNMNI tHD • FOUND t'f • l'OIHf OF 1-f ICfWI • 111AHSf'OMlfll CW • OOY WI( Nil • PA\tlllll 11 • llCASUMO R -RADIUS Oii llNIGC llJ( • 11.0CI( ....... J~~IUH ~~Al(R _ -·--~~ ". ~<;a!O __ _ / lllM m--............ NAl • IA8 H" Ill' / / ~ / / LOT 8 BL OCI< rouR TE EN / LOT 6 lOT 7 BLOCK FOURTH N u1 vr.,, • C/loP ALSO ltCI !JI' a NOIOUN.-' STA TE Of' rLORIOA) COUNTY or COWER) 11 Oennl1 M. Portello, 51'., o R~l1tered Lond SurYe)'Of In tho Stole of flOfldo, htreby certify to ltt eucce11or ond 011ion1, lmmokolee Habitat for Mumonlt)I of Collill' County, Inc that the forlCJOin9 plat reprtlll'lts o 11.1rvey of the following described premises: Lot 7, Block fourteen, Nople1 Manor Addition, 01 recorded In Plot Book J, p09e 67 ond 68 / .. of th• Public Recordl of Colli« County, f1orldo. Thot o turvty of tht above dttcribtd proptrty wo1 modt undtr my direction and meet• the Minimum Technlcol Stondorda o• pw Choptw SIC17-6 F'lorldo Admlnlstrotlw Code, pUf'auont to Section 472.027, flarldo Statut11. There are no visible encroachment• other than lhown, no 1C1t11Mnt1 or ctolm1 of I09«nenta of which we hove knowl~. No title H'lf'ch ha. been mode by the aurwyor. No otttmpt ho b"'1 mode to locate footer• beneath the eurf ace. Stt .. t, Napln, Fl. Addr-19 Hardee Street, Napln, Fl. LOT ..30 Rl.OCI< rOURTH N N llearlnot conform to Plat 9oolc 3, p09e 87-68 .. flevatlon1 are N.G.v.o. run In from BM T-250 r.===~::=.;;::=::::::::::::::::::;:::::====1ir==============:t Property It In Rood Zone •M.• f NOTIS ac RBVISJONS BOUNDARY SURV1Y ,.,,.., NI· 100-~ ftood elevation 11 7.0' ::============~:=::============1 ") ,di~ f6 1147 -N L¥~d~ Denni• M. Portilla, Sr. PlS I•~• Not valid unless aiQned and sealed with ambo'aod 'cat. llDJlll IMlAI rat IUWl'IY fl Clllll CIUllY, POll'lllU-ROD ASSOCIATIS. DIC. 1..1 161• 2JM lNM>al) Mil.. NAPllS. n. lttt2 SCM.£: ,.. 20' ~1(: OCmR IJOllO (941) 775·8511 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this_ day of 2000. by the County mWl'1ger on beh"lf of the County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat tor Humanity or Collier County, Inc., hereinafter referred to as "OWNER." W I T N E S S E T ll: WHEREAS. Collier County Ordinance No. 98·69. the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88·97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99·39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91·71 1 as wnended, t~~<C 'trt~~tl~:~~ergency Medical Services System ,,/"'/p \,, "'''"'""«''°'""'"~""'~"==·~"~'"""~: .. ,.,_~"j~,l'\ ;t ,~:·,~, Impact Fee Ordinance: Collie~/eQ~/ ,~Ordinance No.,~f~~ended, the Collier County Road Impact Fee Ordinanc/c J( 1~'"-··11a1;~ No\7.~ as amended, the Collier l \~ i(' \ \ 11 /! J{ \ 1 ' ' ; ~ 1 j County Educational Facilitie,(Sy~ ,~Jm~ ''\10an 2,,:." J~~l~ier County Ordinance No. l \"'0 W, \ \~')j' l l '~ l \' '#'\ \ 14,,4' l / '""'•·; .f 99-S2, the Collier County Co~ FadHtles lmpa · ~/~e. as they may be further amended from time to time, h~~ft{( 1o as "Impact Fee Ordinance", ~"~,,~'""'""~'-~:~:"'='~'"'~'"''""'" provide for waivers of impact fees for new owner·~cupied dwelling unit qwditying 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 otlice of Housing and Urban Improvement; and WHEREAS. the County Manager or his designee has reviewed the OWNER's application and has concluded that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and 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 projt!Ct as eligible for an impact fee waiver; and WHEREAS, by signing this Agreement, the County Manager has approved a waiver of these impact fees for OWNER, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. OR: l1~~ PG: lll~ l. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. z. LEGAL DE~CRIPTION. The legal description or the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as ~xhibit "A" and incorporated by reforence herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of titleen ( 15) years commencing from the date the certificate 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 Ordinance and his/her monthly payments to purthase the Dwelling Unit shall be within the afford~bleJ10.usin guidelines established in the appendices ,, ,.,,,.r"'"'''"''"'''' '"·~:~"""·~"""" • .p ,,, j<r ""'·, to the Impact Fee Ordinance; ,' , ~-~" ~"i'';:, . . . \ '. .. .. '"'-" '\ b. The Dwelling Unit stxfll ~1~q~1~r1rtlrstwtim~r~ome ~er~ _l I w"J\ t \ \ c. The Dwelling Unit JhalV,he~m\i]bO'. . \ \ I. Ii I · I i I 1 l l , ,; t l I i g '* , 1 l d. The Dwelling Unit\s:tta~Jma'lrl'·~Mrb , h~ 1 jtteen (15) ~ears from the \, •••••. , ·~'!!· l f \ \ \ tt,-i'_ J ,; date the certificate of occu~}~ssued for the D~(Nrl~d e. OWNER is the owner oM~;a·'.(){.the Dwelllag~cW~,ahd owes Impact fees in the total .,,,,.," /'"·Jr .. : ,~."'""'=""'~""""'~'.'" ,~·, l '\&,/\ "'""/' "·"· ' I· f ,, \ ,.:c "· .// "''"""·~,""~ ,{{ ·~"~-·· ¥-~ ~.·.~"""'"4''ft~ amount of $7,698.82 pursuant to the lmpatt'fte'Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the atlbrdable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. A list of the various waived im~act foes is attached hereto as ~xhibit ''B." s. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subj~t to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for il fift"n ( 1 S) yeW" period after the date the ccniticate of occupancy is issued; and if the Dwellins Unit ceases to be utilized for that purpose during su~h ~riod. 'he imf*l f"s shall be immediately repaid to the COUNTY. except tor waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years at\er the date the certificate of occupancy is issued. 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 uron in the event of non-compliance with the requirements of this Asreement. OR: l156 PG: 3326 K. 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 foes, and upon payment of the deferred impact fees, the COUNTY shall. at the expense of the COUNTY, record any necessary documentation evidencing the tennination 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 respettive 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 foes are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this At$reement sludl run with th~ IWld Wld shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Otlicial Records of Collier County, Florida, within fifteen (15) days atler execution of this Agreement by the County Manager. J J, DEF /\ULT. OWNER shall 1' in default of this Agreement ( l) where OWN~R fllib 10 :icll lhc Dwelling Unit ~c~~~~~rdable housing standards and qualification criteria establishe;Y(n~~~~~..:i~~~hereafter fails to pay the l I ~-,,",~'"'"' \ \ \ impact fees due within thirty (30l~( '.,, )~ j (2\ where OWNER violates one of the affordable housing\':,~,;~' ' • \ '(! I \1 ~~;~rdinance for a period of ~ \ / ;'""''·", l fifteen ( 15) days after notice of \ ,, ' '*'~f''~'. "\\' 12. REMEDIES. Shou~~?fl:~~~,~~~J,b~~, foil to comply with the said qualification criteria at any time durin;,;h~,t.~\~~t~;~~~ar period, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact tees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen ( 15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except liens for County taxes and shull be on parity with liens 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 a~tion 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, includin5 attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. OR: 2756 PG: 3327 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ST A TE OF Florida COUNTY OF Collier OWNERS: HABITAT FOR HUMANITY OF The foregoing instrument was acknowledged before me this ±day of ll\tQ m\µ&. .. 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, In~. He is personally known to me. [NOT ARIAL SEAL] . ~~~ LAUREN J BEARD :,.,, MYCOMMl~IOr<iil<C :111'1.'! r ~ EXPIRES l!Vl4.1:?00. ' ~OT Al\' '1a NU) 5cr.ll:ft I< ll<il1'1!111 lu '.~ .. · ............................ ._...__.........., ST A TE OF Florida COUNTY OF Collier \ \ l I TY COMMISSIONERS -The roresoins imnrwnem WIS acknowledged before me this J.Q__ day of l::lcen.b i . 2000 by Thomas W. Olliff, the County Manager. He is personally known to me. -~ Name of Acknowledger Typed, Printed or Stamped lb~ Thomas C. Palmer Assistant County Attorney A. 8. c. D. E. F. 0. H. EXHIBIT .. A" OR: 2756 PG: 3328 LEGAL DESCRIPTION LOT 8, BLOCK 14, NAPLES MANOR ADDITION, AS RECORDED IN PLAT BOOK 3, PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Library Impact Fee Road Impact fee Parks Impact Fee: 820.84 EMS Impact Pee 9l00 Educational Facilities System Impact Fee 1.778.00 Water Impact Fee 1,275.00 Sewer Impact Fee $1.S7S.OO Co""tional Facilities Impact Fee 117.98 TOTAL IMPACT FEES S7.691.12 -c: - ttt OR: ~1~~ PG: 3329 ttt C/l • ClN1Pl.H _, • l&NOtWlll ~ NGW> • NATOW. lllXIClt R/P • RAlllJS PONJ a • CllMc.1[ UONUliltn c • OOIO 'ttlUICAI OAl\1111 f1 ,m fl./W. '""' t.1 fMT & • llUA Cl• D II* (IJWS OHWa NOltD) SCll • SCIUN ..... roa (\ • QWI Liii Hal • NAl a "' !IC • IClllll 0 • '* llCIN CM• COICll'I[ YCIUhf Qi" O'Ott:AO SW• .. K t. I • (I lCSS CU( • CGm1C . p • Pl.At SS • SNtlMY st•• • NOT 10 SCAtI Ct» • CCIII• PC • PQllf fl WtVA 1UR[ T • 'f09tllP •• l'Oll llC 0 I IUD PCP • llOMNINT CCNM PQHT ,.. • 1'blCIMV .NM! ... 0 • S[J llON (5/1 O[ • DIAINACl U.SElotlHT Pl • PONT OT IN'l[ltS[CllON CTV • CAIU 1[1('1t$1QN IUM •'" W$) llH • llllU HIU fV • 1[l['m -f · • IWPMONC lN M • ORAINMl Pl S • l'tlfltSSIOIW. LAND SJIMYlll U/O • lNIPGllCUiD A • MIC ow. DllW: MY pqe • PQHT 'S KillllQ L( • UlUll UlllNf ~. -COCllllC»O b. • WVA110N POC • PQllJ t.1 ~T UTY • UllJTY W WIOrlMAll HUT • UMf PP • ~ llClE ID • wooo • y ff[ • fllHD nW! (l(VAlllJI PllM • PmlMINT llD'm>a IM»UIDIT .. • HllSS llCIUIOIT dPtf" AllNAI. FNP • r<M11 f'T • !Wfl IJ TNliMT N • IWllllllJ ltJ 1 IU)(A0 CW • OUY -P*f • PA'ttlOT . ' aDG • llUUIWO 11 • llASUllCO II • RAlllS II llAHCI IJ( • l.OCK MHW • MUN M1CM WA IH llCC • 11£COllO / LOT 7 BLOCK fOURTE EN STATE Of flORIDA) COUNTY Of COl.UER) / I, Olftftlt M. Portello, St., a Rt911l•ed Land Sur"')'!>' In the Stole of Florido, hereby certify to ltl eucc:.._ and OntQnl. lmmoltdee HdJltat for Humanity of Calli. County. Inc thot the for~9 plot ,.,,...,,t. o 1UrYey of tht fvllom9 dm~ premlHI; Lot 8, Block Fourteen, Naples Manor Addition, 01 recorded In Plot Boole J, !>09• 87 and 68 / I / .. LOT 9 BLOCK FOUR lH N LOT 8 BLOCK FOURTEEN .. of the Public Recordt of Collet County, FIClido. That a 1t1rY1y of lht above detctlbed P'OC>•t)' W09 made und« my dhctlon and mnt1 the Minimum Ttdlnkol Stondord1 01 ptr Chapttr 01017-6 florldo Admillslratlve Code. pureuant to ~tlon '72.0:n. rtorldo Statute1. There are no vi11bte enCf'oachment1 other thon ahown, no eottm«tt1 or dolm1 of taHment1 of which wt hovt knowledge. No title 1ecrch ha1 bttn modt by th• aurvt)10f. No attempt hos been mode to locate footer1 beneath the 1Urf ace. strHt, Napln, r1. Addrtt1 11 Hvrm ~'rn\1 N~IOD1 Fl. Lorinoa conform to Plat Book J, poge 67-68 tltvotlon1 en N.G.V.D. run i1 from 8M T-250 Proptrty 11 In flood Zone ·At" t00-)'W ftood elewtlon 11 7.0' :: NOTES Ir RIVJSIONS Ire '"7/D tU7Jt' tu~1n111~ nun ,,_u\ I N AGREEMENT FOR WAIVER Of COLLl~R COVNTY IMf ACT FEES This Agreement tbr the W'1iver of lmpacl fees entered into this_ dar of __ 2000, by the County manager on behalf of the County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc .. hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. gg.Q7, as amended. the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended. the Collier County Emergency Medical Services System Impact Fee Ordinance: Collier County Ordinance No. 92·22, as amended, the Collier County Fee Ordinance, a copy of said application being on file in the otlice of Housing and Urban Improvement: and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and hils ~on~luded th&at il ~ompli~:> wilh the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance: and WHEREAS. the impact fee waiver shall be presented in lieu of payment of the requisite impact tees subject to satistaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible tbr an impact fee waiver; and WHEREAS, by signing this Agreement, the County Manager has approved a waiver of these impact fees tor OWNER, 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: 2728618 OR: 2756 PG: 3330 w 11 orr1cw IDBI of mun cmi, n OR: 2756 PG: 3331 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. L£GAL D~gC.lllPTION. The legal descnptlon of the dwelling unit (the "Dwellins Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be otlcrcd for sak in accordance with the standards set tbnh in the appendices to the Impact Pee Ordinance for u period of titteen ( 15) ~ears commencins from th~ \l'*l~ lh~ ~~niti~Ql~ 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 Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the atlbrdable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall ~~=J:~~r; c. The Dwelling Unit ~homestead of owne;~\ \ d. The Dwelling Unit $haJVr, · ~r ~fteen ( l S) years from \he l ll''~·~ /' ~ "" \ \ I 1, I I I I l I date the certificate of occ•e , :1 ~~~})r,Jh · Ii if;i:an~ 1 \ >·. \ ~-'""""""''""'"' ·~ , I .l'Y'"'. I \ ,,110 1 ~ ·~'!!· . . I .. I ·~""" . I e. OWNER is the own I ;61 ~cord of the DwelH~~Vn}t ~(~,(,es impact tees in the total \ \, 'v ~\'""J ,('/'(A~w~~/ amount of $7,698.82 pursuw1t~(!9~~~,~ct Fee ,~rdi '/~>tn return for the waiver of the impact fees owed by OWNER, OW~·~lti~~ ug~cs to comply With the atlbrdable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. A list of the various waived impact fees is attached hereto as Exhibit ''B," 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subse~uem pur~hAKr, lb; Dw,lling Unit shall be sold only to household~ meeting the criteria set forth in the Impact Fee Ordinance. 6. AF FORDABLE REQUIREMENT. The Dwelling Unit must be utllized t'or affordable housing for a fifteen (JS) yew-period after the date the certificate of occupancy is issued; imd if the Dwelling Unit ceases to be utilized for that purpose during such pertod, the impact fees shall be immediately repaid to the COUNTY, except for wuival impact lees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 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. OR: l1~~ PG: ll3~ 8. RELEASE OF LIEN. Upon ~iisfo~tory ~ompl,lion of th~ t\grtemtnl requirements and fifteen ( 15) rears after the date of issu~n~~ or ,h, ~~nifi~otc of occupam;y' or upon payment of the waived impact fees, and upon payment of the deterred impa't foes, the COUNTY shall. at the expense of the COUNTY, record any n~essary d\X;wnentation evidencing the tennination of the lien, Including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be bindin~ 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 Hable tor the impact fees waived until said impact foes are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. IO. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Otlicial Records °,!: .. c~5~~!~~~X · i:i~~, within tifteen (IS) day:; atkr / ·" ···•··· ···\, execulion of this Agreemenl by J' I ''f' \, ,. t \ \ 11. DEFAULT. Q~E.. · . . gre~ment (I) where OWNER l l.l'~·~ \ \ tails to sell the Dwelling ~!li'~ ~) th r~~lf housing standards and \\}\""'~··· .• !C::;:;:/1 qwalitication criteria estublish~1~ the Impact Fee ~p~e/~lthereatler fails to pay the \ ""'"'~¥} ~\_ "1,-~ ' ,;!' ' i l \ i 4tr~' \,. Y '\,_,nJ // (' _1'">/ impact fees due within thiny (30ill~)~~·~!~ non-c~m · ",l":d'r (2) where OWNER violates .,,, '1e "Ji"'\• , , • ,: :~•"'"'W""'~'"'""'"''.'" ' /' ,J' one of the affordable housing qualific;tlob·'1i~~1A1\~:lmpact 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 WiliYed :)hilll constitute a lien on the Dwelling Unit commencing on the etlective date of this Agreement and continuing for fifteen ( 15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit ot' any owner. lessee. tenant, mortgagee. or other person except liens for County truces and shall be on parity with liens 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 m"y ~ to~lo~ 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 foes and costs, including attorneys fees, incurred by the Board in enforcing this agreement. plus interest at the statutory rate for I I I I I OR: i1~~ PG: llll IN WITNESS WHEREOF. the pW1ies have e~eculed lhi:J Agreemenl for Waiver of Impact Fees on the date and year first above written. Witne~~e~; OWNl!RS: L liAHITf\T fOK ttUMt\NlTY Of COLLIER CO T ..-~ "_l_rv, Print Name l ni+rt·' =s ~t,,d ST A TE OF Florida COUNTY OF Collier The foregoing instrument wm acknowledg~d ~fore m~ ihis ., '\\\l"Y of \Jg.SJ. m\.+ih>' 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Im;. He is personally known to me. [NOT ARIAL SEAL] ST A TE OF Florida COUNTY OF Collier TY MANAGER The foregoing instrument was acknowledged before me this .1.5_ day ott;eCEfl...bt( 2000 by Thoma W. Olliff. me County Mwger. He i~ perwmally known to me. ~,,01:1111111,,,l 1 ~ ·. . .~'!f.'\t1.~\fEA L. ~/1•11. ~ j ~ rl' ~~~~~'--· 1 , • ~~] ture f Pe n Taking Acknowledgment l ...... 0~126,_,~"'... ~ t.;• ;·~ ; .": • ••• : *; ·~· . ;" \~\'-~:~~ li!f Name of Acknowledger Typed, Printed or Stamped \~~·~A'!':"-.··~:· ~ ~1·-~ ···~'·.:' ~ll~t,t•· .. ~ v'< ,,~ ~''''"'''~!ti,,;,\,,·~\; Approved as to form and legal sufficiency T~W\¥ Thomas C. Palmer Assistant County Attorney A. 8. c. D. R F. o. H. OR: 2756 PG~ 3334 EXHIBIT .. A" LEGAL DESCRirTION LOT 9, BLOCK 14, NAfLES MANOR ADDITION, AS RECORDED IN PLAT BOOK 3, PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Library Impact Fee s 214.00 Road Impact fee 1.825.00 Parks Impact Fee: 820.84 hMS Impact Pee 93.00 ~ucational Pacilities System Impact Fee 1,778.00 Water Impact Fee 1.275.00 Sewer Impact fee Sl,575.00 Correctional PaclHtles Impact Pee 117.QR TOTAL IMr ACT FEES 57,698.82 C/l • CLNmut ... llCHC*Alll( _LCGCNO lj()'IU • NA'IOIN. (i(OO(TIC R/f' • RAOIU$ POlll e • COIOr:lt PMNT c • QQIO ~RneAl DAMI r1 1121 •Jw • ur Of w•v " • DO.TA C8 • CHOllO ICARIHC (utUSS 01HCll'M$( HOllD) 5(;11 • WH -r • flltCl Q. I CHAlf l.JI NAii • NAl Ai U8 St:C • SCC1ION 0 • FOUND llON CM • COHCllC !( WOtf.JY(H I IJI • Q'!{Rt( AD SW • UIAU t: • ldl (JI USS t• • aKlll It · t> • P\AI SS • SN11NIY sr•111 • HOT TO SCAU C0R • cmt«ll PC • POINT Of MVA llJll( I • 109fSHP - -• POIJllll t.N O • DCCO PU' • mMAllNT WllR<l PONT 111 • ltNARV ·~ 0 • SlT b (~/8 IJ( • DIAINAri [AS(W:NI "' • P<*T Of' .. ltll1t:C1QI CTV • CAIU TtU'ftlltl R£IM •TH CN'S) DH • llllU IQ( IV • Ttlt"'9<»1 -f -• l[l(PttONC lN DI! • DllAINA<l l'l S • l'l«ltSSIOHAI. lNI> SUll'tUOll U /G • UfURQl(UI) A ' Alie ow • DIN WAY ~ • Patti ~ ll(QNllll() UC .. UTlJTY [A$(11(HI /II,; • ,. CCNDl1IOHlll n • ElfVATIOH POC • POINT or ~r UTY • UlllTY 119 • APflltOXIMA!( CSMT • UWT PP• POllR PU! wo • wooo ASPH ....... , rrr .. l'INISHCD nOOll cuv•llOH PtlM • P£!1MN«Nf ~ llKlfMINT II 1 IDISS IQIUllNr fll) • rllJlil l'I • POlllT fl TNICAHl JaMR • --II GW • GUY '911£ PWI • PAQl!f U • ilaJllt!> R • RADIUS DR RAH<iC WHW • 1iCAN HIGH WA rut RCC._•_RC'"""CORO ___ _ u ... OCI( -----·- / STA TE OF fLORIOA) COUNTY Of COLLIER) LOT 8 BLOCK fOUR TEEN / / 1, Dennis M. Portello, Sr., o R19t1ter.U Land SurveYOf In the Stole of Florida. hereby c11llfy to llt IUCCH90I' ond aH'9nl. lmmolcalee Habitat for Humanity of Collitf County, Inc that the fcrlQOi\o plat F1PFtur1t1 a 1Urvty of the followlng described premiMs: Lot 9, Blodc Fourtttn, Napln Manor Addition, OI recOlded In Plot Book J, PoO• 67 and 68 / / LOT 10 BLOCk rouR lH N LOT g BLOCK FOURTEEN / of the Public Record• of Collier County. Florido. That 0 survey of the above described property Wotl mode under my dlr9C:tlon ond m"t' tho Minimum TWinl~QI Stand<rda QI per ChQOtlr 81G17-6 florldo Admlnl1lrotlve Code, pursuant to Section 472.027, Florido Stotut ... Theft ore no vt11blt encroodlment1 other -than lhown, no eaumenl1 or claims,. of """""'' of which we ho"' knowiedcje. No title seorch hoa been mode by the 1Uf"9)"0f. No attempt has been made to locot• footer• btntath tht turf act. · StrMt, Nopln, fl. Addr• 11 Hardtt Strnt 1 Noplt1, fl. 8-"'91 conform lo Plat 9oolc J, pc191 67-68 Dtvotlon1 '" N.G.V.D. run fl from BM T-250 N Property la In nood Zone •At• t00-)1ICll' lood t4evatlon It 7.0' ~ ll'f..:.-:..;.,;,,;..-.,--..-......._;.;.;ig;&~JLz.:~.u..-!.l.N~I IMIDAUI IUlllAl mt NUUMIT'I f# c:cua• CUIT't, e>.Ml1 M. Portello, Sr Nol willd unles1 11Qned ond 11oled with ambo1ffd 1101. PORTIW-ROR mcmm. IMC. LI l&lat ZJIM I.MOOD AV[, NAPl.[S. Pl 34112 SCM.£: 1• -JO' Of<TC: OCT«*lt t,2000 (941) 775-11511 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES Thia Agreement for the Waiver of Impact Fees entered into thi;J3'8ay of hbruQy= 1999, by and~ ~ § ~ "->0 -..... between the Board of County Commissioners of Collier County, Florida, hereinafter referred to= E ~ as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESS ETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Librcll'}' System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended,. the Collier Cowity P~:~. "~~~~~~ Impact Fee Ordinance;, Collier County Ordinance No. 91-71, ~f~, Cd, the Cother ~l)'\~mergency Medical Services System Impact Fee Ordinanc'/ ~~~i'tI~~~~=~n~~e No~2-~, as amended, the Collier i ' \ ,, ' ' ' County Road Impact Fee Ordinaif9 ~,e911\er, f \e Np. 92-33, as amended, the t ii Jf" f ' ~ ~ l ~ Collier County Educational f;~i~i 1 ,,t~} I,, I ee ~~in~el as they may be further \ \~~'~"':~, \ '"-'"~~,P"'' S,w\~"~~=~ / ~1t l amended from time to time \~~inafter collectively ferr+<t ~b,,,'.:~ "Impact Fee Ordinance", \ \ \ \ i ,, ,'''"" I \ "'""1,J \ i / ~.1 / provide for waivers of impac\(~"Jor ' J'1:~dwelling unit qualifying as . " / affordable housmg; and ,,, )''. ,-,'""''''~'"'''''"''' ~,,~-,,,""~ l",I WHEREAS, OWNER has applied f~::awwver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project u eligible for an impact fee waiver; and - 1 - ... 0 -= .... t:::> ::IC -...... C> o ... ac: ... ..,, ...... --... -- WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-}?ti at its regular meeting of ~bn 4 ~ ,.'J3 . 1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Aareement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: l. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. •• {·.; (.") . {····.' ,p ······"'. · \IC 1' ·« ' '··,. 3. TERM. OWNER agr~·. ~;c:~Hi · :~~}~~l remain as affordable housing and shall be offered for sale in ;tfc~slince with the standards::~~~~rth in the appendices to the lmpKt Fee Ordinance for a pq~od/{f di~~··~\······;;s{' me~ng\om the date the certificate I /;/.~"*'"',. " \ \ of occupancy is issued for thq D\\j'~tr ' ihi . \ t a i ,,J 'i' @ i I 4. REPRESENTAT~]I~~\ e"WN 1 I\ \ ! I ~resents and warrants the f . \¥~"1\\ i follounna· ~ v ,, \ I ........ -o· \ 'G"'°4,J ~\_ i \ { ·"'" /' a. s~jl6td with a very low income as The Dwel~~~~~.~.~ll be sold t~/ defined in th~,,:~~~1~~=T·-··· rnpact Fee Ordinance and his/her ··- monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fl ftcen ( 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 $6,779.52 pursuant to the Impact Fee - 2 - Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. S. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period atler 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 i .... /·.~~l~i£/~~)jep upon the Dwelling Unit on the ~//''··:/ ~:~,.~""~"~" ~ .. "'"~."'~,~/ "t'~ ;>\\ effective date of this Agree19~nt.;,:>*hich lien may be '~rec~sed upon in the event of non-compliance with the requ\km,h~~::;f:;···~···\ ........ m·eitt~\ \ \ _l ~ \' t. \ \ I l ,,,"\ \ 8. RELEASE qF ~ o~pl,tion of the Agreement i i; I i t t\ f y l requirements and fifteen (15} o/O. · t~t~prtificate of occupancy, or \······· • l~r upon payment of the waived ¥" ajt, ,;if~~Y expense of the COUNTY, "\. 1o '1,'%"""J // 5 (A 'Wj,,/ record any necessary documenta ' \(j~encing the tenni ' ··on:~&f 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 in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chainnan of the Board of County Commissioners. - 3 - 11. DEFAULT. OWNER shall be in default of this Agreement (l) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impld feta due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (IS) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years froqJ 1 •• /·;n. he certificate of occupancy or until //. ..:>··· ~··."' repaid. Such lien shall be su~ncli:;'.. . paramount to the ~~in the Dwelling Unit of any owner, lessee, tenant, mortgat~. ~:olb;:pe~neXCePt",he lie~\for ~ounty taxes and shall be on I I ' \ \ \ parity with the lien of an)7 1 • 1 suJt{··~~y ,,l·t\>WJ\lER be in default of this JI a ~ 1~ 4 \' l 1 u t ~l i , t , I ,J \\ 'l 1 , J Agreement and the default \~~\~"~\~!t!!\IY' ys,~!1.~ t~/en notice to OWNER, the Board may bring a civil actio\ "•'\,force this agreem In)a~1~.;'°Ji. the lien may be foreclosed "\, /5 ,A'wj/' or otherwise enforced by the J~y by action or s · ""bqµ{ty as for the foreclosure of a mortPF on real property. This ..,'.;;~~lli\if.€'~ ~:other right or remedy available "~,~~'""'""~'='~='~'~'"'~'"'ID"' to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys feta, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HUMANITY OF COLLIE COUNTY, INC. '.v/:k~ - 4 - f, ~---- STA TE OF Florida COUN1Y OF Collier ) ) The foregoing instrument was acknowledged before me this..::!;!__ day gt:,.-,___.....__....,.!_, 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier Co t nc. He is nally known tome. [NOT ARIAL SEAL] ~ JOANNE DALBEY \... • .1 wvar noua:1111a--+----------------- "•' ..,...,.,.. N e of Acknowledger Typed, Printed or Stamped l~A&Y .... .....,....._. Ce BOARD OF COUNTY COMMISSIONERS ER COUNTY, FLORIDA '·~">,,_,""' \ -, "'~,, jcl/p'o'mplcamanonmnex/agree - 5 - EXHIBIT "A" LEGAL DESCRIPTION LOT 20, BLOCK 14 NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - -,_ '"" , .. ~--~~ ~ ' ' .. ------_____ .:;:.. __ -- ,... ' ,, ~ ~~ "'' ....,,..,l:: ,, , " "'"'"' t:::-'""#" -• ___ ..,. _____ _ ,. ' • ·-- - - -..... •.1•.,,.,., ---· J_ -· --' -,-·--·-----,,... --.-.., ..... -. -· ·-·-···· ---~-... ' I ~~ , ' \ i I ,, ... '',~ I I .... ,~. . I • '"~ I II 'lllt.. .. _ 11 ~ • " .. • ' II ""C:. I ...._ ,, 11 I • t • ~ ~ ~ ~ ~ ~ ~· \ ~ . ~ bi \ ~-. !'i '\ " . • • ~ ~ II .. ... " -~ ' 'I ~ ...... ..... ·1 ·----~------.. *** OR: 2518 PG: 1423 *** NCl\O 1J oit'l r .,,~~ m f\J -4!"' (J)Q,, l"'lj o~O ~ z s: Z~z J:rO )> P1C-i :00('1 - fTlM· · ~ Qtn-f 0 z -41 I rrt ::0 )0 -f fTI 0(/l rrtn c~ l> (/) Z1J () C'1 -f ) ~o.CJ r rrt "'z ·o -0" z 0<- () ZfTI -i I (J)Z c .,. II IoQ 0 ~z 0 -f z ' , I MA"Y'N J/NI r" '---~_.,.,_t"..~~ ..., •. J • I I I I , ... ----.T..r-- Itta: 2569835 OR: 2622 PG: 0546 CLJlr TO Tll BOllD llCOIDID in the OPPICIAL llCOIDS of COLLill COUIT!. PL IITllOPPICI 4TI Pl.001 12/1,/1999 at 02:2SPK DVIGIT I. BIOCI, CLlll AGlfl:m\ENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES UC fll COPUS This Agreement for the Waiver of Impact Fees entered into thi~~y of~--1999, by and between the Board of County Commissioners of Collier County, Florida, hereinatler reforred to as "COUNTY" and Habitat for Humanity of Collier County, Inc .. hereinath:r referred to as "OWNER." WITNESS ETH: WHEREAS, Collier County Ordinance No. 98-h9, the Collier County Regional Water andior Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended. the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-.39, the Collier County Parks and Recreat~~Xl~l~f~ciY~1~~~-~e.act Fee Ordinance; Collier County Ordinance No. 91-71. as amend~~(~~:~. ..~t11~e~·ciiu:ftt}:~~;-, "'\ncy Medical Services System Impact Fee Ordinance;. Collirn.~~<.~~2-2 ''f' ~ended, the Collier County Road Impact Fee Ordinance(' Colh ~1o~,. · mane No. z:;-~~-33\ as amended. the Col her i l. \~l ll \ \ County Educational Facilitie~ Sy$ 'e · 1 '' d ('ollJer County Ordinance No. \ ~~-\ ~ ;~ ! J ! 99-52, the Collier County Co~~t\ona ac1 1 1es I~p· }, Fe~lpFd~~'efe. as they may be further \ ¥"\;\ \\ .is~/~~' ! fl_ ~\%~) / amended from time to time , rqafter collectively"'l-tien;c<V!Q)~ "Impact Fcl.! Ordinance", \ "'\,\ \"'"i ~·,(' { I ./" ~ ,· ':'\ /' ,, '"'/;l provide for waivers of impact ~t(~)~~r · ' dwelling unit 4ualifying 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 Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - 33.00 7.00 OR: 2622 PG: 0547 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-_!f!/I)_ at its regular meeting of. ~-4---· I 999; 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 co\'enant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals are true and con-ect and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "D,,elling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by rcforcncc herein. 3. TERM. OWNER agree;>" · Jb~~Jk~~:, · shall remain as atfordablc housing //,,,/' ,,,,,,,:,,~~~··"""""~" "°'''"""'"",,,.,~, "'~.\*\ / ~ ~ . and shall be offered for sale i°i/a ;} ancc with the standu a~l\forth in the appemlices to the ll l" ~~'=='"'~'~""="'""''~<·"'-"'>\ \ Impact Fee Ordinance for a ~riof oflA~ T~Jy·ea-rS',omme"fin~, from the date the certificate I , \ \ of occupancy is issued for t~e D \ i I I 4. REPRESENT A ~IQ~~"'~ .. :. . J~~~IES.,~w:, .... ..::i ~~ ~epresents and warrants the following: ·~~~' '~~( ) ,/;~~~J a. The Dw~~~~~~.,shall be sold .~~.~~t~~K~ld with a very low income as defined in iM~,~.e:, · l:\t\~:,~:~~;;~ . .trf1.pact Fee Ordinance and his/her monthly payments t~,purch'a~~, the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifkcn ( 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 $7, 140.34 pursuant to the Impact rec - 2 - OR: 2622 PG: 0548 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the atfordablc housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he utili1ed for affordable housing for a fifteen (15) year period after the datt.' the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the 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 liahle 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. l 0. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Otlicial Records of Collier County. Florida, within fifteen (l 5) days alter execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - OR: 2622 PG: 0549 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sett the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non~compliancc, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (1 S) 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 foes waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years fro19" "/"":"~"~i§~}i~~~f~!te certificate of occupancy or until ,/~" / . , . .,,,.""~ """""'"'·,,,., :,z \l )"I"'~.\ repaid. Such lien shall be sup~,f~t~' paramount to tl;c,,~~ in the Dwelling Unit of any owner, lessee, tenant, mortga~e. s/o\ie"t:eer~,~~e:pt,,he lic~or \'ounty taxes and shall be on l ! "'~ \ \ \ parity with the lien of any/ suq 1 '"'q}5' \ W~ER be in default of this 1· J 1 t t ~ l i; t l 1 j Agreement and the default \~~~c\t~:~\~ ys _, fttr ffilitFn notice to OWNER, the \ W''*-0<1\ \ ~'""'"' \ !Lw~\-""'~='f ! ,1 Board may bring a civil actio\~~1force this agreem~'ll, Injau "' ; the lien may be foreclosed or otherwise enforced by the , \~~,Y by action or "su1 ·£~/{~t"y as for the foreclosure of a /f \ """"-,,/' /~ I mortgage on real property. This re~~~~:i;;5t1xnttfaf, "/·": 'h;a'fi~ other right or remedy available ,,~'%,~.:,,"·~~,, t~ ·(~.~ \ ~<ft~,f'/"" to the COUNTY. The Board shall be entitleoli'.f'recovcr all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver oflmpact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HUMANITY OF COLLIER C~T~)j-;? //;:;:;' - B ·.~~7~//,_,;,#~/ 'Samuel¥. Durso, M. D.. President - 4 - OR: 2622 PG: 0550 ST ATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this _L~ day of ./l/,, v , 1999 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known tome. [NOT ARIAL SEAL] Si DATED: DEC 1 4 1999 Assistant Cotmty Attorney jd/c/naples manor addn/agree - 5 - JOANNE DALBEY ~y COMMWION ii CC 719H2 l!Xllll£S °'IX.VZllOZ OR: 2622 PG: 0551 EXHIBIT .. A" LEGAL DESCRIPTION LOT 23, BLOCK 14, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - ... --C"..a ~ U'"> c:::» C> p.. C"..a r-.1 "° r-.1 P:: c:::> .. ... 4C ,::,nc_c:. 1 ~ Ur ~ e.l'&~r /9 JAPLES MAl\JOR ADDITIOt" --· OESC~IPTION NOTE: THE DESCR1PTION GIVEN ON SHEET I OF" 2 INCLUOCS THA-i:: ... Q.§:.LINEATEO ON SHE:CT 2 OF' 2 SHOWN HE:REON r·/···· ·;:,1··.... . . . • /"' §/'i' !'~,,,,, ""''""·""· , / ·--·~········~ 1$~~£: I INCH= IOO /~%,• /"'•"fi. ·······-... \ .. J .. \ ·•· .. f ,/¥"'"' Y,/ /.1,:~" '47'-F/ /MY!~/ (8( l t /L-f&-~-3 -~. 63 t r~I ~t ~~I ~~, ~". .Nl-l•l•-171~ . . _J ±rt . ..1 J ~ .. ~ ' •'7f ------.•. ~,· : ~---•... . . ,~;;' . w ···-~----f I ~I ,((' I "'I/ 1• r' I j ~; .Jr' . I/ ': ""' /ttl ~.J; i / I I: t' / I 1; tf/ : I 11 i ~ !~:==~---=-t-=+*;rt:r+~J=wm+=t~ ,y _· ~ I ~ 1i ~ "~. I ~ 1: ,. ·" I " I: . -. . . . ' 1 t i f ~ . . . . 4 l't:. . . . -.1 -·., . 117 -• ~-·~·1 '' I~· I. ,, J • 1 • J .. i .. ~ ~ ~ ~ ~~ 1 ~ 1 ~ 1 ~ 1 ~ f E NA.11UJ14" .FTA'rrr ,~ 41,,,, ......... p ,. c letn: Z~b9836 OR: 2622 PG: 0553 CLIH TO TD IOAID UCOIDID in tbe OPPICIAL RICOIDS of COLLill COOITY. PL llTllOfPICI fTB PLOOR 12/16/1999 at 02:25PK DVIGBT I. llOCI. CLlll AGtft:iWJENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES UC PH COPUS This Agreement for the Waiver of Impact Fees entered into thi!Vi_lfa"y of ~ 1999, by and between the Board of County Commissioners of Collier County, Florida. hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc .. hereinatkr n:ferred to .ts "OWNER." WITNESS ETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Region;,ll Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreatiog,al"FaeiJiti~Jmpact Fee Ordinance; Collier County ,/''4 '(''. (< ('it'\,~·,,,"'"· • ,,/~,,,/'" \. \.:~ '~~:,.,~~·~ ·~/ ~ifo' ( l~~\ >""·, . "' . Ordinance No. 91-71. as arnend~d';,,. ott1er ronr~ !il}l,~'1:¥ency Medical Services System Impact Fee Ordinance; Collio//~01 •• k6i>:,g~~,inance No. l~);~l~":~~mended, the Collier County / I t. \ "' "' Road Impact Fee Ordinancl C'llie~111f6 "·~·:··";Ji~~r:~e No .. )-~. as amcmkd, the Collier I ,,z:r \ \ County Educational Faciliti~s S " · 1~ Co\lier County Ordinance No. \ t \ ~ i i 99-52, the Collier County C~\~ ~'r1(·~~e. as they may be further amended from time to time \~c~nafter collectivel s "Impact Fee Ordinance", provide for waivers of impad~)~'f~~ .. ",~cw ow~~:.~:~e~~-~~/dwdling unit 4ualifying as .,,, ,,e "'It"· .. ~'~·"'·"'=""'~'"'""'''""" . '" ... , , ) ,,,.""· affordable housing; and '·,.. .. ,::.U \ \~~;::>:;/ "''~~'""'""~·-,~='"'='~"''~'"'ID WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the re4uisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - 33.00 7.00 OR: 2622 PG: 0554 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-1/9/ at its regular meeting of d..u~tA...Jyl, 1999; 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. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by rdcn.·ni.:L' herein. 3. TERM. OWNER agrees,J ·~~~~~~~!!§~9N1,~,~hall remain as affordable housing ;'/'° , ·"""""~-· "°'''"""'· ~ .,z \l "''* "'~ •• and shall be offered for sale in/;it~;:/ nc~ with the st~~d~~orth in the appendices to the Impact Fee Ordinance for a ~1ho~~f100~(l"51:!eaFsfrfmm~in~{rom the date the certificate of occupancy is issued for thf Df/1~1iiJ, \ ' i i ; t ~ \ I 4. REPRESENTATl/~~~p '1 S. NJ;iR"'~epresents and wammts the following: \~ \ . . 7Jl) a. The Owe ~g it shall be sold to a·:Ml1~e.9QIJ with a very low income as ''"""""' J''""'""'"''': ~'-,,,,,//' defined in t · "·, pp~~~:1l:>;·t:he+ ... ~$ifpact Fee Ordinance and his/her .. , J!f7.. i '\"'%, \: ... f" ''~'""~''"-iL.w;· ·%.~ ,' ¥ " ,·'""'"'_,,,,ft monthly payments to .. ,purcffase. the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer: c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for ti tleen (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 $7,140.34 pursuant to the lmpact Fee - 2 - OR: 2622 PG: 0555 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fet.: Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be Sl>ld only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utili1cd ti.Jr affordable housing for a fifteen (15) year period after the <late the ~ertificatt.: of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, tht: 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 arc satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fitteen (IS) days alter execution of this Agreement by the Chainnan of the Board of County Commissioners. -3 - OR: 2622 PG: 0556 11. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereaf\er 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 wmply 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 foes 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 effoctive date of this Agreement an<l ""~~~~=~~"' continuing for fifteen ( 15) years from "~"(~~~":, '':\{'~~certificate of occupancy or until ,, ,! 0~''"~,,~~~'·""'""~" \/ ')') "'~.\, repaid. Such lien shall be supc~i6 / paramount to the ~e'!it'{n the Dwelling Unit of any owner, lessee, tenant, mortgagqf, o~i~t~:;;;~ifex·c~pt,ltl\e licn\r ~unty taxes and shall be on I / ~·~"*'"' ,,.~·!' ,, \ \ parity with the lien of any ructt(CI ( t, I ., ~ ·~Nf R be in default of this ~' l\ '\ ,\ I f ,I \\ " I' l Agreement and the default is\~t\~(!p:'J~lihl~~k~,,, \ s ~~twl~~t notice to OWNER, the \' , \ t I I Board may bring a civil action ~?ft'?rce this agrecmc1 . n ?d~)t"' fthe lien may he foreclosed or otherwise enforced by the C~~>~~. action or s~di.~~:"~:J/f'1~)tY as for the foreclosure of a mortgage on real property. This re1~'ed~ .. !~·j91p;ut~C1l~~~I~~> 1y other right or remedy available '""~" ~~~~'"~ ~~·~=: :~ ~"'"'~~ to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS: HABITAT FOR HUMANITY OF ,,. COLL1:0R C 1" T~iNC'. ,>:,.. i./ ~ ,;:/ ·~ .~/4,,, B_.Y/Y~?,~~ lamuel J. DUrso, M.D .. President -4 - OR: 2622 PG: 0557 ST ATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ...LQ.__ day of NI' V • • 1999 by Samuel J. Durso, M. 0., President of Habitat for Humanity of Collier County, Inc. He is personally kno\\<n to me. [NOTARIAL SEAL] DEC 1 't 1999 ··"·~····aO,ARD OF COUNTY COMMISSIONERS R,COUNTY, FLORIDA "'~,, Assistant County Attorney jd/c/naples manor addnlagree - 5 - OR: 2622 PG: 0558 EXHIBIT ••A" LEGAL DESCRIPTION LOT 24, BLOCK 14, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - -tic -tic -en ~ ~ c:> C) ~ r..I r..I '° r..I @j ---tic ~nt.J: .. I ~ Ur c e.x&~r ~ -~APLES MAl'-JOR ADOITl0t'1 OESCRIPTION NOTE: THE OESCR1PTION GIVEN ON SHEET I OF" 2 INCLUOE:S THAT DELINEATED ON SHE:E:T 2 C?F" 2 ~HOWN HEREON. ALE: i lNCH = 100' )'··. _a/,,., ·-· ~~I ·."'-." I ~'l . ··~······~· I " . , I ._./ 1• -:A ii / · · ; =r=t-=t=t-"T'"'f·+=t--/tt I~-'; ;' :.I -1 ""7' 'I "'' M / I 1 i' l / I 1! f f/ I . 1V I ~ ~ tf" I ~, ,, -· ., lll_i..,•a.•-·---~f!-/&.-..-'. . ..3 . .~.bJ> t HJ ~t1 ~~, {~ -.,I 'j II ol'/" \b I' I/ ' L.. ___ _ .v . " I -'; 1:------:--=-t=t=t=P=l=* · _ t -~ .~ : ~ li == =r2*¢1= l~~-t=t=t " I• ,,., ,..,..,.,_•••• •r Jc w .... . . U\. .... .. CLIU TO m BOAID HCOIDID in tbl OHICIAL HCOUS of COLLill coom. PL COPUS IITllOPPICI 4TH PLOOI 12/11/1999 at 02:25PM DWIGHT I. llOCI, CLlll AGffEJtl\ENT FOR WAIVER OF COLLIER COUNTY IMPACT l<'EES This Agreement for the Waiver of Impact Fees entered into thi& of__._ 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESS ETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended./ ··\ .. ~~i\k~~\(1;:~~~crgcncy Medical Services System /<' ) ,,~,/··""'""~ .. ,.,_""'·"" :<. \l 4>') ~.\, Impact Fee Ordinance; Colli~pltto/ y Ordinance No.~~!;"~ amended, the Collier County Road Impact Fee Ordinancl C~~i~;G~~t~::Qr<ltnan~e N~2:v. as amended, the Collier ! f ""'. ~ \ County Educational Faciliti1s srr I I~ I er··~ :fi' c911ier County Ordinance No. ; ~ \_ ~ , t il .J ~ l f . l 99-52, the Collier County ~~d!!iU'.J~jett~, .. , t 2,J~JJrqi~~ce, as they may be further \ \~0W, \ \~;•J' _ l .,l i~ / amended from time to time\\1ls\einafter collectivel~~lr~Je'1-e " ''s "Impact Fee Ordinance", \ 'Gwi,J. ~-"\. ·~:~,~~l i ,A f provide for waivers of impa~~S;/~,:" new ow1~:~:·< b~l dwelling unit qualifying as ·-,, .# "' ,,,, '"".~ ~'°" 1(,,_ J affordable housing; and ',:~,,, l}1 ·.,,.,~ i\~ C:' ~:;~/,, "'"·~,,,"~~:,~~"'"'""~·-·~='"'=:":~-"'ID~0--~"""'"4''ft WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - ., ..... 7.H OR: 2622 PG: 0561 WHEREAS. the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-~ at its regular meeting of~. I Q99; and WHEREAS, the Impact Fee Ordinance requires that the OWNf.R enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (th\.' "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by retl:rcm:c herein. 3. TERM. OWNER agrees. t,batt~~~~~~ii·· ·"~~all remain as affordable housing and shall be offered for sale in 1 ,c .. /. . ·6~·~ith the s;~n ~:~~zorth in the appendices to the Impact Fee Ordinance for a p~1Aod/f ijJl~i~:n~~·~ears,p~mme~ing\{rom the date the certificate I i \ \ \ of occupancy is issued for th~ Dw9t \ ' 1· !1 1 4. REPRESENT AT\~1 ~ ~li""r~presents and warrants the \ \ '. \ following: \ r·· \ . /J!;/ ~\_ .1 "~, ? a. ·~it shall be sold to tt·W~· ··:Md with a very low income as "() >> .. ·<~'' . defined in tli'e,:.~~p .. · j~ ~:;·tn~.JD1pact Fee Ordinance and his/her ····· .~ ; ,., I \ '"'·l: ... / '""~"-.. ,."'' ,\~.,' ¥-~ '""''"'_,,,,ft monthly payments to ···purcliase.the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen ( 15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the impact Fee - 2 - OR: 2622 PG: 0562 Ordinance. In return for the waiver of the impact fees owed by OWNER. OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwdling Unit must be utili1.cd for affordable housing for a fifteen (15) year period after the date the certi fie ate of m:cupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived ,~J. ·~.~~~~·~!?•e:~~~~~ upon the Dwelling Unit on the "°'''"""'""'"" .,z \/ '~), "'~ .• _ effective date of this Agreer I c-"~~~ien may ~~i*e~sed upon in the event of non-compliance with the requ;temfntslo.f.!bj~ ):~~em@Jll\ \ \ . ' " .··• ·~ \ \ \ 8. RELEASE dF lf& /'T/Wfl\ tfm···~\iir·" mp~.·tion of the Agrccnu.~nt -, Ji § t ~ \ \ ~ ff ~ l \ ~ i; t ~ I ~ ~ i, l ~ l ; requirements and fifteen ( l 5~5!!f~~:¢r\~5::~~J c~ \ . a~~~ .... / F""frtificate of occupancy, or \ \ \ ~"'$j ' t l s upon payment of the waived" t fees, the COUNt~~sh~ll · · expense of the COUNTY, " ~, ""'·,~:~,w,;,f'"" ~ ~ v\ . ' record any necessary documen~~:~~~:ncing the tern \u~>6f the lien, including, but not limited to, a release of lien. '',:~~ 7·,i'-;·.,.,,~ "·-" , '"''"""·~,"' ~!: ~"'- 9. BINDING EFFECT. This Agreeme~t 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 in the Official Records of Collier County, Florida, within fitleen ( 15) days atkr execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - OR: 2622 PG: 0563 11. DEFAULT. OWNER shall be in default of this Agreement ( 1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact 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 fron~. ··~~~~!l~~"§;(9~~fl~e certificate of occupancy or until f/ ~,/ ""~",,," "°'''"""'"'·""~, \l ,,,') :·\, repaid. Such lien shall be sup~~Qt~:/ paramount to the'¥\in the Dwelling Unit of any owner, lessee, tenant, mortgagie, q/~n;;:~£~;o1T·excepft(lc lie~or ~ounty taxes and shall be on / / '°'.~:::::~~r~'"'",. \ \ \ parity with the lien of any { suc1t •f')a '" , WNER be in default of this I P t ~ l 1 i i; l I , I l Agreement and the default i~( 1 ;!d\:L ys ,~~~~ 1ii+t4n notice to OWNER. the u;."00 " \ l I ! Board may bring a civil actiorht>~force this agreeme In /t<lg:' , / the lien may be foreclosed \ 'G"'i"': J,\_ , >' 1 l /l~·A ./j or otherwise enforced by the C~~J~,~?' action or suiC·t/ ~,9iiy as for the foreclosure of a ,, .J .. •• •.•.• ··' mortgage on real property. This rem~ i~ ,.,Ufa~·-,.{(ny other right or remedy available """'~'"' ~\.~ .. • ¥- to the COUNTY. The Board shall be entitled to recover all fees and costs. including attorneys foes, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver oflmpact Fees on the date and year first above written. Witnesses: OWNERS: - 4 - OR: 2622 PG: 0564 ST ATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this _LQ__ <lay of ,i.)d v __ . , 1999 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County. Inc. He is personally known tome. [NOT ARIAL SEAL] Si Assistant County Attorney jd/c/naples manor addn/agree - 5 - OR: 2622 PG: 0565 EXHIBIT .. A" LEGAL DESCRIPTION LOT 25, BLOCK 14. NAPLES MANOR ADDITION. ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED lN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORJDA. - 6 - *** OR: 2622 PG: 0566 *** .:::> n t.J:. I ~ ur-c el'ffi~r.& _JAPLES MAl'-JOR ADDITIOt-J DESCRIPTION NOTE: THE DESCRtPTION GIVEN ON SHEET l OF" 2 INCLUDES THAT OELINEATE.O ON SHE.E.T 2 C?F 2 !!HOWN 1 -; \ *1~\ \ \~\ \/;~\\ _;u.· \:/:),'-',{,. ,.,.,.~ I INCH= 100' ~-1-/$, ... ~ . .:3 -• ~ • {;,Ji' t ~~, ~t ~t1 ~~, ~". .... .Mr c•-llTl-'4'FI~·--,'!: ,.,,,..,, ..... h/IV .... ,, .#l<..C1""·0~ .·· ~ ''l:..,, ~ ,.r~(6f'.;;: 1'!7 I -I/ ~-I -I -I -I -I -I -I -I -I -1 . " I -I -I ' I ... 4' &1' . ····-"f......-;J !%'~ , , I .. rr· . "" I .. 1. / I ' I . ..-==--=::t=-::E::::===:::t=~-:;;:==t=:::::i=-=:::::!-~ =± :asi. !3!4:c-=t:-::hrsll!".zb ---___. ........... 5"'"7r' =F 'F -. I j !; .il . I/ I; .J'' ' r -' / t ~ l' f.-; i ,,. / I I; fl t// : ' ~ I . ~ ,V I fl ' c. .~ I 11 11 II ., ,, -·-~ Jr,, \I I' ~v I 'L L--------..,:==;:==~==~~==?==::;=::~~~~=z~~~:!=:==!~~~~~~==~ -"J ~ .. -----,----, ~ v I ~it I, · a ,y ~·t ~,.. 1: ~ ~ -I I ~:" I . ,,. , • .I I \, AGREEMENT FOR WAIVER OFCOU.IERCOUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this...!.. day of~--: I 997, by and between the Board of County Commissioners of C'ollrt:r County, Florida, hereinatlcr refcrn:d tcti S i; ~ __ ,.. ~-4JIQPlll· • ~ C> as "COUNTY" and lmmokalec Habitat for Humanity. Inc. hercinatler referred to as "OWNER.'':;~~ ~ :"1 -W l TN ES SF TH: ~ ;,,.. --;:;,1"" WHEREAS. Collier County Ordinance No. 'J0-86. as amended, the Collier County _ ..... g Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87. as - amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier Count) Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance: Collier County Ordinance No. 88-%. as .. <!rne~'"tb~. Collier County Parks and Recreationa /'/0,<'"'' .,, ~\~~ \,{, (~~ () t ·;:~'·>_,~ Facilities Impact Fee Ordinance; p · ~CoonlyOrditlU~~~~~: 91-71, as amended. the Collie·· County Emergency Medical f i?<~.:~~~~;e Q~~ Collier Cou~ty Ordinanc. No. 92-22. as amended, the/Col,11er C'Olm · J~o d lmpltct 1-ee \Ord\nance; and ( olher Count) l ll'~·~"#" 4 \\ \ \ Ordinance No. 92-33, as am~ndqlJ, CjJ n+l Fqcilities System Impact Fet· \ "'~' \ ,,#l i I Ordinance, as they may be tJfllk t;t~Mler collecti\'cly referred h• \ / ;'""''·", / I as "Impact Fee Ordinance", pr', /or waivers of im "w owner-occupied <lwcllin~. \ ,'\, '{ \,, unit qualifying as affordable hous~~~~Q;Q,,,,, ~.,,, ,,e ". "";tr--"."'~,~~~."''"'=""'~'"'""'"''""-~:'""' WHEREAS. OWNER has applletl 0 •• tlfJ!.~§!~11~:} mpact fees as required by the Impact Fee Ordinance, a copy of said application being on tile in the otlicc of Housing and Urba 1 Improvement; and WHEREAS. the County Manager or his design1.:c has reviewed the OWNER's applicatio 1 and has found that it complies with the requirements for an affordable housing waiver of impal t fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees suhjcct to satisfaction of all criteria in the Impact Fee Ordinance qualifying t~ e project as eligible for an impact fee waiver; and -- n .. C> --n .... --..... - WHEREAS, the COUNTY approved a wai\'er of impact fees for OWNER embodied in Resolution No. 97-_ _:_ __ at its regular meeting of _____________ . 1997; and WHEREAS. the Impact Fee Ordinance re4uires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE. in consideration of the foregoing recitals. the parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing n:citals arc true and correct and shall he incorporated hy reference herein. 2. LEGAL DESCRIPTION. The legal des1:nption of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and inrnrporatcd by reference herein. 3. TERM. OWNER agrees that the Dwelling l lnit shall remain as affordable housing in accordance with the standards set t~!:tlt:·i~\§il-~P{~lJJY~"~o the Impact Fee Ordinance for a /'. .. :\ ~-~'.>---------------~·jl\l '-'· period of fi fieen ( 15) years com9\~pg(rom the dah: 'tht(~tl:fi\cate of occupancy is issued for the Dwelling Unit. // .// --\-_ \ I -' l ? \ \ 4. REPRESENTAT40N~·-· ,ER yepresents and warrants the I fl \ \ I following: l 11 \1 I ! \ l J I a. The D~)'1g Unit shall be sotJ:l:,t) a2·-~us/~J with a \'Cry low income as \\" .. \ ' i ll'/~~""'Jl b. defined\. ' appendices to 't 0---Jp{it~J/fee Ordinance and his/her "'' . ~"""# ("' "''' / monthly pa . t';;~-pur.cba&c-~11\~1~\v~lling Unit shall be within the """-.. I 1--Jr---,J' ,,,'.Ii\ _ ">/ "''~"'~'""~ i_ f:, '~\~.,' It ;'"',' :::'~<ft~,f' affordable housing gu1ttc-tines--c-sfahlished in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen ( 15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and c. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6, l 69.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER. - 2 - OWNER covenants and agrel'S to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser. the Dwelling l Jn it shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be ut11i1cd for affordable housing for a fifteen ( 15) year period atkr the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilill'd 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; e !Oreclosed upon in the event ot ·~""""""',, non-compliance with the rcquire1Jt;~ Agreemc ;:,, /\: .. · '~'"-'-'\ 8. RELEASE ~r/ 1;tEt~::::~··Y~2E .. ~~~~!~fJfctory\co,pletion of the Agreement requirements and fifteen (1~1) Y~t .. """""" · · .,\ · :i"'e 1the\certificate of occupancy, or l L.l 11 1 upon payment 01 .he waive~ i~~a, s ai .th~ expense of the COUNTY. I l'' . \ l r.~"' I \ ' ' \ ~%..,~~~~::, l ;~~ '"'' l record any necessary docu"\~~~ion evidencing thc\ls:nni tiolt-~/thc lien, including, but not \ \IP\ "\, ' ~%"""'/./ limited to, a release of lien. \ '\ / '';/ \"{ ,,, ,/"' 9. BINDING EFFECTf~,';.fhts,.,,~reeme9JA•:Q:at(~,c inding upon the parties to this '~~'~ /'"·"' ,~¥: !~:?=""'~'"'"""""'" i''' ' "'··:.~«"'"""'"' Agreement and their respective heirs, pehJdaL .. 'ilativcs, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County. Florida, within fifteen ( 15) days atler execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement ( 1) where OWNER fails to comply with the affordable housing standards and qualification criteria established in the - 3 - Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days ol said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fi tkcn ( 15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen ( 15) days at\er notice of \'iolation, or should OWNER violate any provisions of this Agreement, the impact fees wai\'cd shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees \\aived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling L!nit of any owner, lessee. tenant, mortgagee. or other person except the lien for County taxes and shall be on parity with the lien of any such C~~pt{~~~~~~r7i~:~~c OWNER be in default of this Agreement and the default is nov~/ ;.~1tf1in (30),~fis~~~lttlr'~ritten notice to OWNER. the Board may bring a civil action/ cf~~-~I\ h:~~'.t;;,.,{ the lien may be tbrc'Closed j l w"J\ ""'~'"'"' \ \ \ or otherwise enforced by th1 ~f? 1 • · . · \1~\ity \s. for the foredosur~ of a mortgage on real property. i~~ 1 •. l~~ ·u · 1·~~~ nght or remedy available to the COUNTY. The Board\~~!\ be entitled to reco\l: all {eei ~costs. including attomeys \ \. ,. \ . f fees, incurred by the Board in~f~~ng this agreeme' ;\~~~\,.jl*est at the statutory rate for judgments calculated on a calenda~ebu~·.UU!i.LI?'!iJl··~~::~·:~\;,/ .. / "''~ I _"' J r~: lr l '"':,>"'""' IN WITNESS WHEREOF~·ttttHiaitics.. ·~executed this Agreement for Waiver of Impact Fees on the <late and year first above written. Witnesses: . ) &,::.. I~·~ L ···~~- Print Name A: . ~ , ,'s. · 4 11 L '/ OWNERS: lMMOKALEE HABITAT FOR HUMANITY, INC. - 4 - DATED: · · ATTEST: DWIGHT E. BROCK, Clerk . ./' jr 1·. ·- • ;.; @ye.. ' I > ' . . . ' Approved as to forin and legal sufficiency LJyl, J ,~1tc\._. -~ Heidi F. Ashton Assistant County Attorney ST ATE OF ...._Fl~o ..... rjd.,..a..__ __ ) COUNTYOF_Co~l-lic_r __ to me. jdlgm/c/naples addn lakes/agree I OR: 2284 PG: 2239 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA . / ~ .·.' / ,, -/ i / 'J ' .. '.,.··I ~"t . ,, . , I. -t I <I/I / By ~"..._, ;/' ! fb,:-0fL'f'l2~ -- I imothy L ancock, Chaimmn -s - -----------------------------~ *** OR: 2284 PG: 2240 *** EXHIBIT "A" LF.GAL DESCRIPTION LOT 27 OF BLCX'K 14, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT B<X>K THEREOF, AS RH 'ORDED IN PLAT BOOK 3, AT PAGE 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - 11ta: l~b~UJU UK: tot' ru; uJu1 CLIH TO Tll IOllD UCOIDID 1ll tbt OrrICilL llCOIDS of COLLill coam' PL UC n1 33. 00 1m10PfICI 4TB PLOOI 12/U/UH at 02:25PI DIIGIT I. llOCI, CLlll COPIIS l.00 AGfiitttENT FOR WAIVER OF COJ.,LIER COUNTY IMPACT FEES This Agreement for the Waiver oflmpact Fees entered into this~ day of de-1999, by and • between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESS ETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreation~LEacilit~~,. Impact Fee Ordinance; Collier County "',/"'""'' ' ·':" ~?' (""~' ""''. ''"'"·~,~ Ordinance No. 91-71, as amend~sJ<f.J lJr~·~&~4"~gency Medical Services System / /'' ~,.,, ~ ,,, .4if $'' \\ Impact Fee Ordinance; Colli~r/C~~t~".QE~!~ance No. 92-lt~~~mended, the Collier County Road Impact Fee Ordinance/ cg{iie/t~~~ '"··"···"·i~~~~\ No. \2-~, as amended, the Collier I t ~·~" 1 \ County Educational Facilitie~ Sy~~ )col~ier County Ordinance No. 1.-. I l. I 99-52, the Collier County C~\ 1 , Faettrti·e~ ~~djiini:e. as they may be further \ ¥""\*\ \ ; l ;'"""·~ ' amended from time to time \. \nafter collectivel . e~c. / s "Impact Fee Ordinance", \ ,, .. J./ .. ' provide for waivers of impact'(tf~~;:::f<lr .. " new own~:~~il,l~d1 dwelling unit qualifying as ,,,'" ' "~'J'-,J.I'~~'~•"'""'""""'~'"'""""''""-~'°""'' /.,,,"!(,,_ \ "',.,,*''/' "··, I I 11:··· .. ,.} \ .\ ..... •' 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 Administrator or his designec has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR: 2622 PG: 0568 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-f(3 at its regular meeting of~!£. ___ , 1999; 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. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees !.ha(~~!~~~~!~· ··,~~:~~all remain as affordable housing and shall be offered for sale inlc f/ "ce with the stan ~t~orth in the appendices to the Impact Fee Ordinance for a p~ho~/6f1fifj~~l[ll·S..}·year.~refmm~in~/rom the date the certiticate } f "' \ \ of occupancy is issued for th¢ D"'Ft Jrr \ \ : Ii t \ u 4. REPRESENT A~~\~"'.::::::~\~. S. ,~.~Nftll,,epresents and warrants the . ·, r·· \ .1 following: \ "'\'.\ \ , · ~, " l/< / a. The Owe . l:Jnit shall be sold to <rbtili~e · 1d with a very low income as defined in ';~~\'{~~t Fee Ordinance and his/her monthly payments to ···purcfiase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee -2 - OR: 2622 PG: 0569 Ordinance. In return for the waiver of the impact fees owed by OWNER. OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the cc11ificatc 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 i ,/···-~~b@~~~~.upon the Dwelling Unit on the effective date of this Agreem1~ri~~;1/ · 1ch lien may b~'<Qe~l~ed upon in the event of non-compliance with the requi~im~,lt·s ~·ihii~g"fe~menf\ \ \ 8. RELEASE Of 4\ z~·~·~ple\ion of the Agreement I 11 1 l l l i; t J j ! ' j requirements and fifteen (15)\~~-~;~J'.'.Jt'l\~-.Atel __ .. _ .. , ..• an ···l:.····~1 tlJ~~ificate of occupancy, or .••••• , \"!l. l /.~/ upon payment of the waived i\ \ · \ fees, the COUNT~~:balf, aJl~/expense of the COUNTY. \ '''>ij;lr''W' i /' ( ~ l record any necessary document~:c>fr~.(~encing the te~~:~:~'1<p/the lien, including, but not limited to, a release of lien. ""-!.t}jf--:1\iJ;'J)/ 9. BINDING EFFECT. This Ag~'Cen1ent ··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 arc satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days atler execution of this Agreement by the Chainnan of the Board of County Commissioners. - 3 - OR: 2622 PG: 0570 11. DEFAULT. OWNER shall be in default of this Agreement ( 1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact 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 no late 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 fromJh~\~~~~~~~~J "~, (t~e certificate of occupancy or until /' l.' ·"""""~" "°'''"""'· "'~ •• repaid. Such lien shall be sup~~i<\f~;:/ ~p~ramount to th tir~in the Dwelling Unit of any owner. lessee. tenant. mortgagle. o/o~fi~r:~e~rsmH.~K~JlJ"t1he lie~or \\ounty taxes and shall be on j l w"J\ \ \ 1 parity with the lien of any/ sue~'"'" t 1~" "1 W~ER be in default of this I II I ~ l l Agreement and the default i~t~Jlc !,... ~s \' ~~tu4n notice to OWNER, the l ', .>·, \ """"""''""'"'"'''' ' f Board may bring a civil actioh ~~\~nforce this agreem~I\ / the lien may be foreclosed \V , \ ! or otherwise enforced by the ' , {Y by action or su1 ··~~ as for the foreclosure of a mortgage on real property. This~~· 'tlmulati,ve· /~y other right or remedy available "'"·" } f"' ''" \ ,' / '%,~. i_ t~. It ;'~.·.,,:::·~<ft ,~· to the COUNTY. The Board shall be entitle01o-rC'c5ver all fees and costs, including attorneys fees. incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have i:xecuted this Agn:ement for Waiver of Impact Fees on the date and year first above written. OWNERS: HABITAT FOR HUMANITY OF COLLIER C ~~,,-/ :7 . ~ v. A /..,. ~./~~ . B ~_L_ / ,,. ·e-, , ~ - amuel-J. l:'furs~ M.D., President -4 - OR: 2622 PG: 0571 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this _LQ__ day of /'f~J V , 1999 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] U0ck J )t._l_ Heidi F. Ashton Assistant County Attorney jd/clnaples JD111or addnlagree - 5 - edgment ~',..., ~-~ \;.,...~ JOANNE DALBEY M\' COMMISSION ti CC '139612 l:Xl'IRES. 051:!0/2002 OR: 2622 PG: 0572 EXHIBIT "A" LEGAL DESCRIPTION LOT 3, BLOCK 15, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - ... ... ... CW") ~ ..,.., C> C> !CL. ~ ~ '° C""..a ~ ... ... ... • .::::> n t...t.. I i; Ur c e.x'#~r .& _JAPLES MAl\JOR ADDITl0t'1 .. OESC~IPTION NOTE'. THE OESCRtPTION GIVEN ON St-fEET I OF" z INCLUOE:S THAT DELINEATED ON SHE:ET Z C?r Z !?HOWN HEREON. -----ft-f /'&-...<. -.3 . /j-. GJ' "' t ~~, ~t ~t, l~I ~~. ... 1... .. 1 -I -I , _I.--) .-I _ t -[~T~T .·.l0JJ CATTS . .s~~~rT . . . ~ , ... _. -·. . -.. ( #1 .·"=-·---~. -~t . ---~--·~:J-F""'lil ~;//':! /1 1.r:r:r~:tj·t:tLt.1~tj:ij:t=t1 /t~1 ~~; ,,, / I I: fl / I 1; f/ .: ~ ~ ,~V I ~~ :~ r!~ I : 'l rr~r t . m -11f tt1i l/ I • ':=-=-===--:--=-T . t· "' . ± 1vv · .l I~ Ji . .,. _::_1# nr:.~1.=:~ • ..J I • .4Aen:. -·-·~·-·-·~~-·-·· _, ,,,, 161-llt, ........ _ ':I\" J'T~rrr N\ l 8 8 • • pt ~ "' I ti s fl . .w t ~ .... 0 ~ g .... g ~ l .. ~ ~ ! i ~ Itta: l~b~UJ~ UK: lOlt: ru: UJ l'I Cl.Ill TO m IOllD llCOIDID ii tbt OHICllL neons of COi.i.Iii COVITT, PL UC HI 33. 00 llTllOPPICI 4TI ILOOI 12/1,/1999 at 02:25PK DIIGI! I. llOCI, CLlll COPIIS 7.00 AGfil1ittENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this}/ day of A 1999, by and between the Board of County Commissioners of Collier County. Florida. hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." W I TN E S S ET H: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and RecreationaLfacilities Impact Fee Ordinance; Collier County "'""''"''"''''"' {kV ,f"""i ,·::°"'''"'"""'" Ordinance No. 91-71, as amend/·. 1 J~e~%/~~rgency Medical Services System -~ '~ •' Impact Fee Ordinance; Colli5r/C~b-'..Q.!~!~ance No. 92~~·:a\~mended, the Collier County Road Impact Fee Ordinanci qltliet"1C~.· ··~··:··din~~ No\2-~. as amended, the Collier ! i ; \ \ County Educational Faciliti~~ S~'; .. ,~aft f et) ~ Co\tier County Ordinance No. ' l \ A , ~ o f } 1 J 99-52, the Collier County C\ , 1 ~rJF~~~i6 · 1 qt~e. as they may be further \ \ j/ ~l \ .#'\ \ '-, f amended from time to time ~~h;nafter collective) fette~":ti~ As "Impact Fee Ordinance", \\{ A.•;;-J' '\. f ~ '"' / ~!I"' ' ,{ provide for waivers of impact~ '',i"Qr. new owner-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 Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - R\ ii . ... ... = OR: 2622 PG: 0575 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-'-/'fl/ at its regular meeting of Af1-e_ · I<./-, 1999; 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. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. ""~~~~=~~"' 3. TERM. OWNER agre~~-;~:\5~5~~~!~~·~. Jti'~~all remain as affordable housing and shall be offered for sale in 1'$X\~~)J1'Ce with the stan ~;s'et,\orth in the appendices to the Impact Fee Ordinance for a ~liod/f liJ1~ie:Cl~}-~ears,ie~mme~ng~rom the date the certificate of occupancy is issued for th~ D"f9H Jrl \ \ 1· Ii f \ 4. REPRESENT A Tto~t Vt ~B'"J~presents and warrants the 1 \ J \ t ' i ~ 11 • \ r0• \ / 10 owmg: \ \\'.';,\ \ "'""fi,J ~, l a. The Dwetilrt·~~it shall be sold / ... / 1d with a very low income as defined in 'tfi~'e~ · -,~~~:tll'e;~·:i·r;~f~~t Fee Ordinance and his/her "··"' r· ''" l~ · ·· ? ••• '%,~"'~'"" "~ t~, It ';~~,·,~,:::-:<ft~,f'~' monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen ( 15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7, 140.34 pursuant to the Impact Fee -2 - OR: 2622 PG: 0576 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwellmg Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen ( 15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. '· ,Jjen upon the Dwelling Unit on the ' effective date of this Agreerye~~' /. fiich ~osed upon in the event of non-compliance with the req~;~rryt~~1i:e:c~§s\<\greem'1nt \ \ 8. RELEASE ~F 1lt ·,'"! ,"···,i}n~;'· i ~mp\etion of the Agreement t !I 3 t ~ ~ ' 1 ~ , i; l g I I requirements and fifteen (l~~:')Q1 1\~ te u f j~~1ertificate of occupancy, or \~\ ~ I upon payment of the waived\.ct fees, the COUN'E · expense of the COUNTY, \ \ ,, \ \'G"'°4,J~\_ " ,l i' l record any necessary docume~/o~,~videncing the tem1i~afiQ"p/,6f the lien, including, but not . . . "'() 11>>"",~ ... /<<:\\,// hm1ted to, a release of hen. ·,~ t·, ~· ... ,.~ :;,-,," f'' \,)/'' ''~-%'"',:'""~~'~ ' ~,,:~~.',~,:::·:,·ft~,f'/ 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. ln 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 foll 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 arc satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chaim1an of the Board of County Commissioners. -3 - OR: 2622 PG: 0577 11. DEF AULT. OWNER shall be in default of this Agreement ( 1) where OWN ER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Ft:e Ordinance for a period of fifteen (IS) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWN ER 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 ( l :5) years from Jh ·· l~.!!llfaflF~··:s{ the certificate of occupancy or until """',, repaid. Such lien shall be sup;~:'.,/ amount to tli , \~~in the Dwelling Unit of any owner, lessee, tenant, mortga~. 9lo~~t:::person.exc~··\he lie~br '<;ounty taxes and shall be on I f W"J\ ""'~'"'"', \ \ \ parity with the lien of any/suci)/~~y··1~;~.~~::;: • :1 W~ER be in default of this 1 11 r\j; r 1 , 1 ~ , i Agreement and the default \s,~~1 1 \with.Jn ,UP ays \~n~r ~~ittfn notice to OWNER. the \ \ .J. \ \0~~:,"'"',.,d cL." L":"'::.,,'"'"""~:::ti l , t Board may bring a civil actio~~~nforce this agreem~,l ln~dd/· I the lien may be foreclosed \ \ . \ ""'~~\a.J:w!\?7" } l -·"~"\ r or otherwise enforced by the ,'lN(Y by action or ;th..t~)/~)~r~ as for the force losurc of a mortgage on real property. This ~~~:~·:'6'\lll1ulati¥e· ,.~/ ,/~ther right or remedy available '•" ' ,. } ! i ., . .~ .·' 1.·i to the COUNTY. The Board shall be entitte~fu·recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver oflmpact Fees on the date and year first above written. Witnesses: OWNERS: u~ - 4 - OR: 2622 PG: 0578 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this .LQ__ day of /U., V: , 1999 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, lnc. He is personally known tome. [NOT ARIAL SEAL) Name of Ac •• .. jd/clnaples manor addn/agree - 5 - OR: 2622 PG: 0579 EXHIBIT "A" LEGAL DESCRIPTION LOT 4, BLOCK 15, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - . . .. ---C> CIO ....., C> CJ A. C'.I C".I '° C".I ~ ---*** OR: 2623 PG: 1520 *** ~11 c..c.. 1 ~ ur ~ e.x'$~r ,l'9 -~APLES MAl'-JOR ADOIT10t'1 · OESC~IPTION NOTE: THE OESCRtPTION GIVEN ON SHEET I OF" 2 INCLUDCS THAT CEL.. INEATEO ON SHE:ET 2 c;:?F" 2 !iHOWN HE:REON . . ~-f~~-.:3 ·~. 6J' lCAL.£: i INCH_. IOO' ""<"'"'· ~ ............. ,,,.,,161.-·-. ,. ..... ~.., t ~"I ~t ~t1 i~I ~~ . -~ .. 1 .~'~' ~--1'-r~r~'l"'·~.li;f"?' I-.• a I -I.• I, I ••• ·J ·'I a j .•• -·.I a ... , c ~I . ·"-• . . ~ ,,,,.... . " i};'l . , rr~ . I ,, 1.-i1 ~, I'' 1.~ ·1 --1 ~I w• I·..,. I ..... ~ J ·-.111 I ~ I. 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