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Agenda 09/26/2017 Item #16D 509/26/2017 EXECUTIVE SUMMARY Recommendation to approve ten Release of Liens with a combined amount of $45,463.87 for single-family owner-occupied properties 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 associated liens that have met their 15-year affordable housing obligation. As such, Release of Lien is required. Approval of these items will authorize the Chairman to sign the aforementioned Release of Liens, and the executed document shall be recorded in the Public Records of Collier County, Florida at the cost of the County. BCC Approval date BCC Agenda Item #/or Code of Ordinances CO date 15-year Affordability end date Original Owner/Current Owner IF Lien (OR/Pg ) Type of IF % Total IF Waiver Amount Amount Deferred 04/13/99 16A9 7/14/99 7/14/14 Susan J Frederick 2535/1978 50 $3,929.52 $1,964.76 09/14/99 16A22 3/24/00 03/24/15 Aliedo & Velina Dorvilus 2593/0700 100 $4,290.34 $ - 12/14/99 16A6 5/19/00 05/19/15 Juan Marante 2622/0530 50 $4,290.34 $2,145.17 12/14/99 16A1 5/31/00 05/31/15 Scott W Price 2622/0452 75 $3,217.75 $2,413.31 10/17/00 NA 5/18/01 05/18/16 Cheryl Korbel 2734/2317 100 $4,848.82 $ - 01/04/01 NA 8/16/01 8/16/16 Herbert R Oldham & Delores D Oldham 2761/2780 50 $ 4,848.82 $2,424.41 03/15/01 NA 1/10/02 1/10/17 Felipe & Evelyn Rodriguez 2793/0464 75 $5,491.82 $4,118.87 05/21/01 NA 09/05/01 09/05/16 Michelle Ross 2831/1790 100 $4,848.82 $ - 10/12/01 NA 02/27/02 02/27/17 Camila Henry 2914/1336 100 $4,848.82 $ - 11/21/01 NA 04/25/02 04/25/17 Jason H Ratz 2929/0747 75 $4,848.82 $3,636.36 Total $45,463.87 $16,702.88 16.D.5 Packet Pg. 1642 09/26/2017 FISCAL IMPACT: There is no fiscal impact associated with the Release of Lien. The $100 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 ten Release of Liens for the combined amount of $45,463.87 that have remained affordable for the required 15-year period set forth in the State Housing Initiatives Partnership Impact Fee program deferral agreements. Prepared By: Wendy Klopf, Operations Coordinator, Community & Human Services Division ATTACHMENT(S) 1. Release of Lien 10 Indv GGE (PDF) 2. [Linked] SHIP Impact Fee Agreements -GGE (PDF) 3. Golden Gate Estates Back up materital (XLSX) 4. Property Appraiser Homestead Backup (PDF) 16.D.5 Packet Pg. 1643 09/26/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.5 Doc ID: 3539 Item Summary: Recommendation to approve ten Release of Liens with a combined amount of $45,463.87 for single-family owner-occupied properties 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 07/27/2017 9:20 AM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 07/27/2017 9:20 AM Approved By: Review: Community & Human Services Leslie Davis Additional Reviewer Completed 07/27/2017 10:03 AM Community & Human Services Kristi Sonntag Additional Reviewer Completed 07/27/2017 3:46 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 08/03/2017 1:05 PM Public Services Department Kimberley Grant Additional Reviewer Completed 08/10/2017 11:55 AM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 08/13/2017 6:45 PM Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 08/14/2017 6:09 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/14/2017 3:55 PM Grants Erica Robinson Level 2 Grants Review Completed 08/17/2017 8:54 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 08/17/2017 9:56 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/18/2017 2:57 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/22/2017 2:34 PM Budget and Management Office Ed Finn Additional Reviewer Completed 08/24/2017 10:55 AM Grants Therese Stanley Additional Reviewer Completed 08/25/2017 2:35 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2017 9:34 AM Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM 16.D.5 Packet Pg. 1644 16.D.5.a Packet Pg. 1645 Attachment: Release of Lien 10 Indv GGE (3539 : GGE Indv SHIP IF Release of Lien) 16.D.5.a Packet Pg. 1646 Attachment: Release of Lien 10 Indv GGE (3539 : GGE Indv SHIP IF Release of Lien) 16.D.5.a Packet Pg. 1647 Attachment: Release of Lien 10 Indv GGE (3539 : GGE Indv SHIP IF Release of Lien) 16.D.5.a Packet Pg. 1648 Attachment: Release of Lien 10 Indv GGE (3539 : GGE Indv SHIP IF Release of Lien) 16.D.5.a Packet Pg. 1649 Attachment: Release of Lien 10 Indv GGE (3539 : GGE Indv SHIP IF Release of Lien) 16.D.5.a Packet Pg. 1650 Attachment: Release of Lien 10 Indv GGE (3539 : GGE Indv SHIP IF Release of Lien) 16.D.5.a Packet Pg. 1651 Attachment: Release of Lien 10 Indv GGE (3539 : GGE Indv SHIP IF Release of Lien) 16.D.5.a Packet Pg. 1652 Attachment: Release of Lien 10 Indv GGE (3539 : GGE Indv SHIP IF Release of Lien) 3339 Tamiami Trail East #21I Naples, FL 341l2 THIS SPACE FOR RECORDING Prepared by: Wendy Klopf Collier County Community & Human Service Division RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 32gg E, Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement executed by Jason H. Ratz to Collier County, recorded on lll2ll2001in Official Records Book 2929, Page 0747, of the Public Records of Collier County, Florida, in consideration of $4,848.82, upon satisfactory completion of the terms and conditions of the Impact Fee which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described as follows: ,r-HF: w*:!ir.?s Ft:[:T {}}i.r.HH }u}:$i"r rs{r li}:H't't}t"r*Arr ilfl (;t]l,l]l':il t;A,t-fi H$rtr'A'!'il!i, UhlI'I' G!, AL.LtlHIllN(; "l\l TH!: *tAf (IR I'l'A'l' THl,:nt:{}1.' il}:C(}Hl}ili$ lrt rl*t' l}tl{}K 5' FAt;1.: t?, (}If THH PUI}l,lL' nHcr utllti ( !$ t'{}t,l.l Hilr {J(}U N"I'Y " }I I}Hl il}A. The undersigned is authorized to and does hereby release this Lien with respect to the above- named prop"rty, and consents to this Lien being forever discharged of record with respect to said property. This Release of Lien was approved by the Board of County Commissioners on 20t7, Agenda Item Number ATTEST: DWIGHT E. BROCK, CLERK COLLIER COLTNTY , DEPUTY CLERK Approved for form and legality: PENNY TAYLOR, CHAIRMAN By: "9.r\flJennifer A. Belpedio Assistant County Attorney 9"0\' 16.D.5.a Packet Pg. 1653 Attachment: Release of Lien 10 Indv GGE (3539 : GGE Indv SHIP IF Release of Lien) 16.D.5.a Packet Pg. 1654 Attachment: Release of Lien 10 Indv GGE (3539 : GGE Indv SHIP IF Release of Lien) SHIP Impact Fee file #Resolution #BCC Approval date BCC Agenda Item #/Code of Ordinances CO date 15 year affordabilty end date Legal Description Subdivision Folio Address Current Owner Same Person Yor N Homestead Y or N IF Lien (OR/Pg ) Type of IF % Total IF Waiver Amount Amount Deferred SOH SOWOH DOWH DOWOH Same Owner With Homestead Same Owner Without Homestead Different Owner With Homestead Different Owner Without Homestead 00-038IF 99-190 04/13/99 16A9 07/14/99 07/14/14 Golden Gate Est, Unit 24 N75' of Tract 15 Golden Gate Estates 37801280005 2440 8th ST NE Susan J Frederick Y Y 2535/1978 50 3,929.52$ 1,964.76$ SOH 00-041IF 99-346 09/14/99 16A22 03/24/00 03/24/15 Golden Gate Unit 4 Block 144 lot 22 Golden Gate Estates 36130280007 5031 17th Place SW Aliedo & Velina Dorvilus Y Y 2593/0700 100 4,290.34$ -$ SOH 00-019IF 99-446 12/14/99 16A6 05/19/00 05/19/15 3811 Golden Gate Blvd.Golden Gate Estates 40690800007 3811 Golden Gate Blvd.Juan Marante Y Y 2622/0530 50 4,290.34$ 2,145.17$ SOH 00-024IF 99-435 12/14/99 16A1 05/31/00 05/31/15 4110 6th Ave N.E.Golden Gate Estates 40743000000 4110 6th Ave N.E.Scott W & Elizabeth Price Y Y 2622/0452 75 3,217.75$ 2,413.31$ SOH 01-046IF NA 10/17/00 NA 05/18/01 05/18/16 3241 6th Avenue SE Golden Gate Estates 40932840000 3241 6TH AVE SE Cheryl Korbel Y Y 2734/2317 100 4,848.82$ -$ SOH 01-053IF NA 01/04/01 NA 08/16/01 08/16/16 3810 12th Avenue NE Golden Gate Estates 40529440101 3810 12TH AVE NE Herbert R Oldham & Delores D Oldham Y Y 2761/2780 50 4,848.82$ 2,424.41$ SOH 01-083IF NA 03/15/01 NA 01/10/02 01/10/17 Lot 14, Block 106 Golden Gate Estates 36004160004 3001 44th ST SW Felipe & Evelyn Rodriguez Y Y 2793/0464 75 5,491.82$ 4,118.87$ SOH 01-106IF NA 05/21/01 NA 09/05/01 09/05/16 3630 29th Avenue NE.Golden Gate Estates 40180800009 3630 29TH AVE NE Michelle Ross Y Y 2831/1790 100 4,848.82$ -$ SOH 02-012IF NA 10/12/01 NA 02/27/02 02/27/17 4140 27th Avenue NE. GGE Golden Gate Estates 40066280002 4140 27TH AVE NE Camila Henry Y Y 2914/1336 100 4,848.82$ -$ SOH 02-074IF NA 11/21/01 NA 04/25/02 04/25/17 3660 41st Avenue NE Golden Gate Estates 39781360001 3660 41ST AVE NE Jason H Ratz Y Y 2929/0747 75 4,848.48$ 3,636.36$ SOH Total 45,463.53$ 16,702.88$ 16.D.5.c Packet Pg. 1655 Attachment: Golden Gate Estates Back up materital (3539 : GGE Indv SHIP IF Release of Lien) Collier County Property Appraiser Property Summary Parcel No. 37801280005 Site Adr. 2440 8TH ST NE, NAPLES, FL 34120 Name I Address FREDERICK, SUSAN J 2440 8TH ST NE City NAPLES I State I FL I Zip 134120 Map No. Strap No. Section Township Range Acres *Estimated 3C26 333100 15 23C26 26 48 27 1.17 Legal I GOLDEN GATE EST UNIT 24 N 75FT OF TR 15 Millage Area 0 290 Millage Rates 0 *Calculations Sub./Condo 333100 -GOLDEN GATE EST UNIT 24 School Other Total Use CodeO 1 -SINGLE FAMILY RESIDENTIAL 5.245 8.208 13.453 Latest Sales History 2016 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $18,603 04/19/99 2536-2769 $ 7,900 ( +) Improved Value $ 82,017 08/01/74 600-19 $0 (=) Market Value $100,620 ( -) Save our Home $ 43,706 (=) Assessed Value $ 56,914 ( -) Homestead $ 25,000 (=) School Taxable Value $ 31,914 ( -) Additional Homestead $ 6,914 (=) Taxable Value $ 25,000 If all Values shown above equal 0 this parcel was created after the Final Tax Roll 16.D.5.d Packet Pg. 1656 Attachment: Property Appraiser Homestead Backup (3539 : GGE Indv SHIP IF Release of Lien) Collier County Property Appraiser Property Summary Parcel No. 36130280007 Site Adr. 503117TH PL SW, NAPLES, FL 34116 Name I Address DORVILUS, ALIEDO=& VELINA 503117TH PL SW City NAPLES I State I FL I Map No. Strap No. Section Township Range 4821 323200 144 224821 21 49 26 Zip 134116-5703 Acres *Estimated 0.26 Legal I GOLDEN GATE UNIT 4 BLK 144 LOT_2_2 _____________________ __, Millage Area 0 20 Millage Rates 0 *Calculations Sub./Condo 323200 -GOLDEN GATE CITY UNIT 4 School I Other Total Use CodeO 1 -SINGLE FAMILY RESIDENTIAL 5.245 I 6.9884 12.2334 Latest Sales History 2016 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 52,313 10/28/99 260~-2758 $11,800 ( +) Improved Value $102,744 1 I 04/21/99 2537-2703 $11,000 07/01/90 1544-982 $15,500 (=) Market Value $ 155,057 ( -) Save our Home $ 70,725 (=) Assessed Value $ 84,332 ( -) Homestead $ 25,000 (=) School Taxable Value $ 59,332 ( -) Additional Homestead $ 25,000 (=) Taxable Value $ 34,332 If all Values shown above equal 0 this parcel was created after the Final Tax Roll 16.D.5.d Packet Pg. 1657 Attachment: Property Appraiser Homestead Backup (3539 : GGE Indv SHIP IF Release of Lien) Collier County Property Appraiser Property Summary Parcel No. 40690800007 Site Adr. 3811 GOLDEN GATE BLVD E, NAPLES, FL 34120 Name I Address MARANTE, JUAN J=& MARILYN 3811 GOLDEN GATE BLVD E City NAPLES I State j FL I Zip j 34120-3746 Map No. Strap No. Section Township Range Acres *Estimated 4D05 349600 135 24D05 5 49 28 1.64 Legal I GOLDEN GATE EST UNIT 77 W 105FT OF TR 135 Millage Area 0 80 Millage Rates 0 *Calculations Sub./Condo 349600 -GOLDEN GATE EST UNIT 77 School Other Total Use CodeO 1 -SINGLE FAMILY RESIDENTIAL 5.245 6.258 11.503 Latest Sales History 2016 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 21,976 11/18/99 2~12-3051 $ 8,000 ( +) Improved Value $119,111 11/09/90 1571-1696 $10,000 03/01/87 1257-1697 $0 08/01/85 1149-2243 $ 3,000 (=) Market Value $141,087 ( -) Save our Home $ 61,017 (=) Assessed Value $ 80,070 ( -) Homestead $ 25,000 (=) School Taxable Value $ 55,070 ( -) Additional Homestead $ 25,000 (=) Taxable Value $ 30,070 If all Values shown above equal 0 this parcel was created after the Final Tax Roll 16.D.5.d Packet Pg. 1658 Attachment: Property Appraiser Homestead Backup (3539 : GGE Indv SHIP IF Release of Lien) Collier County Property Appraiser Property Summary Parcel No. 40743000000 Site Adr. 4110 6TH AVE NE, NAPLES, FL 34120 Name I Address PRICE, SCOTT W=& ELIZABETH L 4110 6TH AVE NE City NAPLES I State 1 FL I Zip 1 34120-9079 Map No. Strap No. Section Township Range Acres *Estimated 4D04 349900 42 14D04 4 49 28 1.14 Legal j GOLDEN GATE EST UNIT 78 W 75FT OF TR 42 Millage Area 0 80 Millage Rates 0 *Calculations Sub./Condo 349900 -GOLDEN GATE EST UNIT 78 School Other Total Use CodeO 1 -SINGLE FAMILY RESIDENTIAL 5.245 6.258 11.503 Latest Sales History 2016 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 8,579 02/24/06 3988-242 $ 45,500 ( +) Improved Value $150,743 10/29/99 2606-1636 $ 5,200 (=) Market Value $ 159,322 ( -) Save our Home $ 83,817 (=) Assessed Value $ 75,505 I ( -) Homestead $ 25,000 (=) School Taxable Value $ 50,505 ( -) Additional Homestead $ 25,000 (=) Taxable Value $ 25,505 If all Values shown above equal 0 this parcel was created after the Final Tax Roll 16.D.5.d Packet Pg. 1659 Attachment: Property Appraiser Homestead Backup (3539 : GGE Indv SHIP IF Release of Lien) Collier County Property Appraiser Property Summary Parcel No. 40932840000 Site Adr. 32416TH AVE SE, NAPLES, FL 34117 Name /Address KORBEL, CHERYL A 3241 6TH AVE SE City NAPLES I State I FL I Zip 134117-3399 Map No. Strap No. Section Township Range Acres *Estimated 4007 350800 115 4D07 7 49 28 1.14 Legal I GOLDEN GATE EST UNIT 81 E 75FT OF TR 115 Millage Area 0 80 Millage Rates 0 *Calculations Sub./Condo 350800 -GOLDEN GATE EST UNIT 81 School Other Total Use CodeO 1 -SINGLE FAMILY RESIDENTIAL 5.245 6.258 11.503 Latest Sales History 2016 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $13,680 10/30/00 2737-1198 $ 7,600 ( +) Improved Value $ 123,550 10/05/90 1563-1617 $14,000 10/01/89 1477-758 $ 2,200 03/01/74 583-1400 $0 (=) Market Value $137,230 ( -) Save our Home $ 56,426 (=) Assessed Value $ 80,804 ( -) Homestead $ 25,000 (=) School Taxable Value $ 55,804 ( -) Additional Homestead $ 25,000 (=) Taxable Value $ 30,804 1 If all Values shown above equal 0 this parcel was created after the Fmal Tax Roll 16.D.5.d Packet Pg. 1660 Attachment: Property Appraiser Homestead Backup (3539 : GGE Indv SHIP IF Release of Lien) Collier County Property Appraiser Property Summary Parcel No. 40529440101 Site Adr. 3810 12TH AVE NE, NAPLES, FL 34120 Name I Address OLDHAM, HERBERT R=& DOLORES D 3810 12TH AVE NE City NAPLES I State I FL I Zip j 34120-9098 Map No. Strap No. Section Township Range Acres *Estimated 3D32 348700 118 13D32 32 48 28 2.27 Legal I GOLDEN GATE EST UNIT 74W150FT OF TR 118 Millage Area 0 138 Millage Rates 0 *Calculations Sub./Condo 348700 -GOLDEN GATE EST UNIT 74 School Other Total Use CodeO 1 -SINGLE FAMILY RESIDENTIAL 5.245 8.208 13.453 Latest Sales History 2016 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 23,438 1 08/09/00 2708-556 $ 9,000 ( +) Improved Value $107,115 (=) Market Value $130,553 ( -) Save our Home $ 54,781 (=) Assessed Value $ 75,772 ( -) Homestead $ 25,000 (=) School Taxable Value $ 50,772 ( -) Additional Homestead $ 25,000 I (=) Taxable Value $ 25,772 , If all Values shown above equal 0 this parcel was created after the Fmal Tax Roll 16.D.5.d Packet Pg. 1661 Attachment: Property Appraiser Homestead Backup (3539 : GGE Indv SHIP IF Release of Lien) Collier County Property Appraiser Property Summary Parcel No. 40180800009 Site Adr. 3630 29TH AVE NE, NAPLES, FL 34120 Name I Address ROSS, MICHELLE 3630 29TH AVE NE City NAPLES I State j FL I Zip 134120-2833 Map No. Strap No. Section Township Range Acres *Estimated 3D20 346900 84 23D20 20 48 28 1.14 Legal GOLDEN GATE EST UNIT 68 W 75FT OF E 150FT OF TR 84 Millage Area 0 138 Millage Rates 0 *Calculations Sub./Condo 346900 -GOLDEN GATE EST UNIT 68 School Other I I Total Use CodeO 1 -SINGLE FAMILY RESIDENTIAL 5.245 8.208 I 13.453 Latest Sales History 2016 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $11,771 06/18/01 2844-1773 $ 8,500 ( +) Improved Value $ 85,233 (=) Market Value $ 97,004 ( -) Save our Home $ 40,485 06/11/01 2839-2975 $ 8,500 10/01/73 547-949 $0 (=) Assessed Value $ 56,519 ( -) Homestead $ 25,000 (=) School Taxable Value $ 31,519 ( -) Additional Homestead $ 6,519 (=) Taxable Value $ 25,000 If all Values shown above equal 0 this parcel was created after the Final Tax Roll 16.D.5.d Packet Pg. 1662 Attachment: Property Appraiser Homestead Backup (3539 : GGE Indv SHIP IF Release of Lien) Collier County Property Appraiser Property Summary Parcel No. 36004160004 Site Adr. 3001 44TH ST SW, NAPLES, FL 34116 Name / Address RODRIGUEZ, FELIPE EVELYN RODRIGUEZ 3001 44TH ST SW City NAPLES I State j FL I Zip j 34116-8203 Map No. Strap No. Section Township Range Acres *Estimated 4827 322600 106 144827 27 49 26 0.23 Legal I GOLDEN GATE UNIT 3 BLK 106 LOT 14 Millage Area 0 20 Millage Rates 0 *Calculations Sub./Condo 322600 -GOLDEN GATE CITY UNIT 3 School Other Total Use CodeO 1 -SINGLE FAMILY RESIDENTIAL 5.245 6.9884 12.2334 Latest Sales History 2016 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 46,128 05/08/01 2821-2014 $17,500 ( +) Improved Value $136,083 08/01/81 932-1719 $0 02/01/81 902-1934 $0 (=) Market Value $182,211 04/01/78 746-1525 $0 ( -) Save our Home $ 78,326 (=) Assessed Value $103,885 ( -) Homestead $ 25,000 (=) School Taxable Value $ 78,885 ( -) Additional Homestead $ 25,000 (=) Taxable Value $ 53,885 If all Values shown above equal 0 this parcel was created after the Final Tax Roll 16.D.5.d Packet Pg. 1663 Attachment: Property Appraiser Homestead Backup (3539 : GGE Indv SHIP IF Release of Lien) Collier County Property Appraiser Property Summary Parcel No. 40066280002 Site Adr. 4140 27TH AVE NE, NAPLES, FL 34120 Name / Address HENRY, CAMILA 4140 27TH AVE NE City NAPLES I State I FL I Zip 134120-8939 Map No. Strap No. Section Township Range Acres *Estimated 3D21 346300 58 3D21 21 48 28 1.14 Legal I GOLDEN GATE EST UNIT 67 E 75FT OF TR 58 Millage Area 0 138 Millage Rates 0 *Calculations Sub./Condo 346300 -GOLDEN GATE EST UNIT 67 School Other Total Use CodeO 1 -SINGLE FAMILY RESIDENTIAL 5.245 8.208 13.453 Latest Sales History 2016 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $12,113 03/12/02 2996-309~ $ 87,500 (+) Improved Value $106,451 01/17/01 2765-2589 $ 5,000 06/30/88 1361-2029 I $0 (=) Market Value $118,564 ( -) Save our Home $ 60,035 (=) Assessed Value $ 58,529 ( -) Homestead $ 25,000 (=) School Taxable Value $ 33,529 ( -) Additional Homestead $ 8,529 (=) Taxable Value $ 25,000 If all Values shown above equal 0 this parcel was created after the Final Tax Roll 16.D.5.d Packet Pg. 1664 Attachment: Property Appraiser Homestead Backup (3539 : GGE Indv SHIP IF Release of Lien) Collier County Property Appraiser Property Summary Parcel No. 39781360001 Site Adr. 3660 41ST AVE NE, NAPLES, FL 34120 Name / Address RATZ, JASON H 3660 41ST AVE NE City NAPLES I State I FL I Zip 134120-1577 Map No. Strap No. Section Township Range Acres *Estimated 3D08 344800 8913D08 8 48 28 1.14 Legal I GOLDEN GATE EST UNIT 62 W 75FT OF TR 89 Millage Area 0 17 Millage Rates 0 *Calculations Sub./Condo 344800 -GOLDEN GATE EST UNIT 62 School Other Total Use CodeO 1 -SINGLE FAMILY RESIDENTIAL 5.245 8.208 13.453 Latest Sales History 2016 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $13,082 11/21/01 2929-1974 $10,500 ( +) Improved Value $117,697 08/21/01 2878-2790 $ 8,900 (=) Market Value $130,779 ( -) Save our Home $ 55,238 (=) Assessed Value $ 75,541 ( -) Homestead $ 25,000 (=) School Taxable Value $ 50,541 ( -) Additional Homestead $ 25,000 (=) Taxable Value $ 25,541 If all Values shown above equal 0 this parcel was created after the Final Tax Roll 16.D.5.d Packet Pg. 1665 Attachment: Property Appraiser Homestead Backup (3539 : GGE Indv SHIP IF Release of Lien) 2462900 OR; 2535 PG; 1978 RIC 111 31.50 CUB TO TBE BOARD RDCORDID in the WICIAL RICORDS of COLLIIR COUIITT, FL COPIIS 8100 IR114t?IC1 4TH FLOOR 04/15/1999 at 09:13kk DMIGBT 1. BROC1, CLIRI BY 1240 AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisAl2YO day of 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Susan J. Frederick, hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreatoat ��hs1?F Fee Ordinance; Collier County Ordinance No. 91-71, as amended A, Collier County Er y Medical Services System Impact Fee Ordinance; Collipi Road Impact Fee Ordinance-' County Educational Facilities from time to time hereinafter waivers of impact fees for new referred to -W' upied dwelling the Collier County as amended, the Collier may be further amended Ordinance", provide for fying as affordable housing; and � WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; 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 50% waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver/deferral 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/deferral and 1 OR; 2535 PG; 1979 WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER embodied in Resolution No. 99- 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 is attaci)e0 db_ "and incorporated by reference herein. 3. TERM. OWNER agrees tht and shall be offered Jbrt sats''` in licbodi appendices to the "iii p et , '' e,' Oxc ar commencing from certificate Unit. r 4. REPRESENTATIONS AND W$ following: as affordable housing ndards set forth in the of fifteen (15) years issued for the Dwelling ER represents and warrants the a. Owner maintains a household with a low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; 2 OR; 2535 PG; 1980 d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929,52 pursuant to the Impact Fee Ordinance. In return for the 50%waiver/50% deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER OW NRfi impact fee waiver/defer a 10 a subsequent shall be sold only #o ho'uiohoJds meeting-, e Ordinance. _'$ A a t 8 i i 8 Ek.an. 6. AFFORDABLE REQI N 'The housing for a fiftyear period after issued; and if the Dwel4ng,,Unit ceases to be period, the impact fees Dwelling Unit subject to the renter, the Dwelling Unit forth in the Impact Fee be utilized for affordable the trertificate of occupancy is �/for that purpose during such 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 certificate of occupancy is issued. 7. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact 3 OR: 2535 PG: 1981 fees, 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 fees waived/deferred 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 unl4tpiec�tion 8 are satisfied. " 10. RECORDING. This Ail,reement shall be recorded, -by OWNER at the expense of OWNER in the Of iciall"R( ofoTli r ounty, for tla, within sixty (60) days after execution of this`" gerreit"'i le hr of the Board of County 4 t L�' Commissioners. : w tx l � L 11. DEFAULT. OWN) all be in default of A re .... �(1) where OWNER fails s' to sell the Dwelling Uitiii accordance with the alfpr`lable housing standards and 77 .:. ,,.. qualification criteria establi*h, i Jthe 1n p ct 1 'Ordinance and thereafter fails to w pay the impact fees within 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 thirty (30) 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/deferred shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. 4 OR; 2535 PG; 1982 Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this A e e#.%.-liuuuuuu i n at, the statutory rate for judgments calculated on a calendar iday Basis until paid. IN WITNESS W1IE06F; ,the parties kRhave %eccuted this Agreement for Waiver/Deferral of Impact Fees o �ih6 61 �y att�t A ti�v i r tten F Witnesses: OWNER Print Name \(—.)P,-,"1,,,.Susan J Fr. ncc. s Print Namc e STATE OF-, .a_ ) COUNTY OF The foregoing instrument was acknowledged before me this ;1 3 day of 20nll 1999 by Susan J. Frederick. She is personally known to me or produc ype of identification) as identification. [NOTARIAL SEAL] gnature of Person'Takingkckno%6edgment JOANNE DALBEY +� MY COMbGSWN 1 CC 710612 S M P EMM. 00/lO/M A.pa}NOTAI.Y Flt Narry 301w i Ca DATED: ATTEST: DWIGHT E. BRQCK, Clerk � 6 ' e stis 40*a Iran l�l4 only. Approved as to form and OR; 2535 PG; 1983 BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIR legal sufficiency _ N Heidi F. Ashton Assistant County Attorney^� 61 { jdfclagreemeatslhoderick s G OR: 2535 PG: 1984 EXHIBIT 'A' LEGAL DISCRIPTION SUSAN J. FREDERICK THE NORTH 75' OF THE NORTH 1150' OF TRACK 15, UNIT 24, GOLDEN GATE ESTATES, AC COI�'I�OT�EAT THEREOF, RECORDED IN PLAT BOOK 3, PAiEeND'E-,,- I,IBLIC RECORDS OF COLLIER COUNTY; IDA. � �vn t Al ?V a d" 7 .9* ft 411 *** 4R; 2535 PG; 1985 *** ijif 4FRIJ 411XI 0 CIC MR -A-.."- 11wa.= as-aa-im '•d091mile •v1N 03111y :As lute ,eta: 2533089 OR: 2593 PG: 0700 „� �„ 11.51 l,119 TO M"RICOIDID in tke 011ICI1L HCOUS of COLUII COWRY, t1 00111E 10.01 I1t11011I0 173 11001 09/1111119 at 01:511M HICUR I. IWI, CLIIL IIT 1210 AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of impact Fees entered into this x'44 day of ✓' �,� 1999 by and between the Board of County Commissioners of Collier County, Fiorida, hereinafter referred to as "COUNTY" and Aliedo Dorvilus and Velina Dorvilus, hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; 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 C y E fdinapce No. 91-71, as amended, the Collier County Emergency Medical Sery c s ystem Impact 1+de� raHnce; Collier County Ordinance No. 92-22, as amended, the Cbllier'County,Road Impact Fee, droance; and the Collier County Ordinance No. 92-33, as artend0d.,� nt � Q ial Facilities System Impact Fee Ordinance; as they may be urth�r *R ne le i fCo ile o t�e h ein fter collectively referred to as Impact Fee Ordinance , provide for waivers of impact fees ftp"Ow owner -occupied dwelling units qualifying as affordable lid; and WHEREAS, OWNER ha�,' ed -for a 1000/.±aa` er of impact fees as required by the Impact Fee Ordinance, a copy of said apphto the office of Housing and Urban Improvement Department; 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 100% 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: 2593 PG: 0701 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 994 at its regular meeting of a 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 is att"A" and incorporated by reference herein. N #.s 3. TERM. OWNERgrees That,-, Dwelling Unit sklall remain as affordable housing and shall be oftred for s4lcrivMtthk`the tstandards set forth in the appendices to a 'enact xFee Ordnnct period of fitleen (15) years commencing from,; -the date the certificate -'f occup yyis issued for the Dwelling ,� ,, Unit. r 4. REPRESENTATIONS WAIMANTI.E 1i /NER represents and warrants the following: a. Owner maintains a household with a very low income as defincd in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; 2 OR; 2593 PG: 0702 d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,290,34 pursuant to the Impact Fee Ordinance. In return for the 100% 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 TRANSF impact fee waiver to a b only to householdIi meofit j 6. AFFORDABLE='REQJ U1X a s + 4 3� C housing for a fpe(5) issued; and if period, the 1 Wills the Dwelling Unit subject to the purchaser br,rrgG the Dwelling Unit shall be sold Lena set forth in the Impact Fee Ordinance. ling Unit ceases "tp,,be be be utilized for affordable certificate of occupancy is • that purpose during such the COUNTY, except for waived impact fees if, 41wd ng untt ha A,bder (ised for affordable housing for a P-, F-7 . continuous period of fifteen yetlis4ft" r tete date the certificate of occupancy is issued. 7. LIEN. The waived impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement shall be made junior, inferior and subordinate to the first mortgage loan to OWNER. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact 3 OR: 2593 PG: 0703 fees, 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 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 provtsrq s � w,� are satisfied. 10. RECORDING. This,-',, ent shall be r" o d, by OWNER at the expense of OWNER in the O`ficii�ordsof Collier County,'Florida, within sixty (60) days after execution of Commissioners 11. DEFAULT. O to sell the Dwelling qualification criteria ir' an\ of the Board of County x shall be in default b this Agreett-e it in accordance witfill, e,iff 1 tabfi3l.in the Impact �.Ordin pay the impact fees within (1) where OWNER fails housing standards and ace and thereafter fails to , or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) 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 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 until repaid. 4 OR: 2593 PG: 0704 Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the,, basis until paid. IN WITNESS Waiver/Deferral of Impact Witnesses: Prim nt Nae 9-- Print Name_ 1;1-,k. STATE OF _ ) COUNTY OF Q udgments calculated on a calendar day have\executed this Agreement for ;x 4" �' Y OWNER. The foregoing instrument was acknowledged before me this toZ--ill- day of , 1999, by Aliedo Dorvilus. He is RS ^ran. known w me or produced _ (type of identification) as identification. [NOTARIAL SEAL] P000 o tangy *Mr V.Yt� Signature of Person Taking Ackn ledgment 5 Witnesses: STATE OF --� COUNTY OWNER: Ve4l i /nAa Dor v �il u OR: 2593 PG: 0705 The foregoing instrument was acknowledged before me this 9� 1999, by Velina Dorvilus. She is personally known jlo me or produced _ identification) as identification. [NOTARIAL SEAL] N r10w1.0. hnr caam JC. &r. AVOM6. e DATED: lf4p Signature o b a A AMST:. , DWIGHT E: $ROCK, Clerk Att . t as to chalryll's =1qA"t" only. Approved as to form and Jogai sufficiency Awdi khton Assistant County Attorn ey jd/d;W KJdorvilus Taking � � 3 day of _(type of (`Y COMISSIONERS FLORIDA / S. By: � - _ P ELA MAC'KIE, 6 WOMAN OR: 2593 PG: 0706 EXHIBIT `A' LEGAL DISCRIPTION ALIEDO DORVILUS AND VEL.INA DORVIL.US LOT 22, BLOCK 144, UNIT 4, GOLDEN GATE CITY, AS RECORDED IN PLAT BOOK S, PAGE 115, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. vi;"+" a � day W/23/1999 13:91 9414559695 ALL AMMICAN HOW, I 1 ALA tlz {� ® •0.00' > p Q 4171MITY p ��i! ' I- - - - 0.7. 7!r nTaw f•"-�T- I WIC ` MRtI Q.T i I M[ —� i ' 7S MM I ' 31' � � 1 I ■.1v I r1 i i r'TO1C00D � ��� I S3nitlWl�Y ' 1MBOMOUI I 0 • I � rI. i ' 'i � V moll •S r l t )Y.aaz—m e`\ 2' , L>t i 1T010A'lrl ANA. so 90. IT. 71% OR/IMIi 0IOW A WWW". RIIIt OMUI111G 10 10 N UMW roll 31rM 3M3TIM FOSSA 7W AND 1119TAItA110M ONLY. TM COUFMACM 911111 DOR OLTMILICINJIMB AQTcouwYOl13ACRwmu1rsum113 rRIOR TO COLIMAllimmiff a' 1rp!!IMlL7n11. amm nxw NO GA tDW FIR OAY DIWMELD 5&WKZS 4 015" INC. riftraw num low SQ. f. t31DIS Alt logo 311.11r. low Comm 30tAl~. TAWSM 900 GAtAlm WRID n. 34104 ORAMOPW 9tlG 435 SO.".115' I! M 0"Wi 04 1) 77541M LSCMWMCM /qft 73690. Fr. OaIAMlillm 1M01A1ts DrAfAI 0w AA70 om fM 1�+ A 801L *AMY315 W�IIb 1 e - W ALL AMMICAN I OMM INC. 101 m sm 144. 4OLM GM MST 4 Al:�, + Wffmb I wmm wrAT10N r IOU: • CLIA TO TNI /OAU IMIO"ICI ITN 1L001 IIT 1210 2569833 OR: 2622 PG: 0530 UCOUID to the 011ICIAL UCOUI of COLLIII 001171, IL UC 111 12116/1191 at 02:299 HIM 1. SIM, CLIII COP113 AGREEMENT FOR 50%WAIVER/50% DEFERRAL. OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this /Itq day of 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and JUAN MARANTE, hereinafter referred to as "OWNER." WHEREAS, Collier County Collier County Ordinance No. I' Ordinance; Collier County P1t Facilities Impact Fee Ordi anc 3 County Emergency Medical,& . No. 92-22, as amended, th, V Ordinance No. 92-33, as amen) Ordinance; and Collier County WITNESSETH: Correctional Facilities Impact Fee; amended, the C611i�pIVbunty Library System impact Fee; n 1o. 99-39; ..they Collie Co my Parks and Recreational r nO iic " 91-7 1, as amended, the Collier � 4 Y P's $ st�Irh a" Fee r inancvi Collier County Ordinance ier County Road Ki tipact Fee ,!ordinance; Collier County the Collier Countyuaton;l Facilities System Impact Fee be further amended from time to time hereinafter collectively referredtoasnipact Fee Ordinance", provide for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; 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 501 waiver/50% deferral of impact fees as established in the Impact Fee Ordinance, and 31.50 8.00 OR; 2622 PG; 0531 WHEREAS, the impact fee waiver/deferral 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/deferral and WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNFR embodied in Resolution No. 99-y}&_ at its regular meeting of 4g. z 1999-, and WHEREAS, the Impact Fee Ordinance requires that the OWNFR 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 �ie(% e� recitals are true and correct and shall ix 'J "I be incorporated by refer herein. 2. LEGAL DESCRITIO1 The"[al_.de cremation othedwelling unit (the "Dwelling Unit") and site Olan lis, y3a herein. � ;t rY1a t " at incorporated by reference 3. TERM. OWNEV, ees that the Dwelli' U A: and shall be offe f sale in accordai appendices to the Irt -0 ` "Fee Orc inatio commencing from the date the certificate of rain as affordable housing standards set forth in the �r 'a period of fifteen (1 S) years occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a low income as defined in the: appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; 2 OR: 2622 PG: 0532 C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,290.34 pursuant to the Impact Fee Ordinance. In return for the 50% waiver/50% deferral 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 Ordinan S. SUBSEQUENT TRAthe Dwelling Unit subject to the impact fee waiverfdeertal to a subsequent pur as or renter, the Dwelling Unit 143 shall be sold only to house t�d tt Ietmg'kthe crit na set forth in the Impact Fee R. Ordinance.' G. AFFORDABLE IV I lie }velliiJttktst be utilized for affordable sx housingfor a fi ' ' p Vii` occupancy f� X15) year period a r dat I ie certificate of occu anc is .,., .. VI issued; and if the Y e'"� Lht�g tlnit ceases to ilt�ed be Efor that purpose during such period, the impact fees aid 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 certificate of occupancy is issued. 7. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement shall be made junior, inferior and subordinate to the first mortgage loan to OWNER. 3 OR; 2622 PG: 0533 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deterred impact fees, 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 gill of the Dwelling Unit, the original OWNER shall remain liab,le fit it i3 S �s waived/deferred until said impact tees are paid in full or satisfied. In add against the Dw 10. RECORDING. OWNER in the conditions set b, bttt"t'the Impact Fee Ordinance are run %% h the land and shall remain a lien ,of,Sct,jon are satisfied. .c6brcled by OWNER at the expense of Records of Colter C after execution o °�rl Agreement by ti at[i Commissioners. ``� 0 0- F11 - within sixty (60) days of the Board of County 11. DEFAULT. OWNER shall b&iri-default°ofihis 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 within 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 thirty (30) 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/deferred 4 OR: 2622 PG: 0534 shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. Except as set forth in Section 7, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall he on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the detault is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the of a mortgage on real,, '� C �y remedy available to t� attorney's fees, incurredub� statutory rate fordjud ment IN WITNESS VAEAE Waiver/Deferral of Impact F Witnesses: The 044he date and year ft' OWN Print Name rint Name J —� STATE OF , COUNTY OF tt ) or suit in equity as for the foreclosure ulative with any other right or be entitled to recover all this Agreement, plus interest at the li day basis until paid. E e executed this Agreement fur The foregoing instrument was acknowledged before me this --I day of 1999, by Juan Marante. He is personally known to me -dtte4S4- _ _fie -of identifteatiorr)-aa-ideFui•€icatian. JOANNE DALBEY MY COMMISSION 1 CC 73%12 S EXPIRES:05l1WM 1600.!•NOTARY FIS NotrySaricnlBariwe6l DATED C 14 1999 ATTEST; DWIGHT E. BROCK, Clerk Attest u to Chair "-$ 3190&turo only$ Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney OR: 2622 FG: 0535 BOARD OF COUNTY COMISSIONERS CC N 17 Y { jd/c/agreemnuftarante 6 OR: 2622 PG: 0536 EXHIBIT 'A' LEGAL DISCRIPTION JUAN J. MARANTE THE WEST 105 FT. OF TRACT 135 IN GOLDEN GATE ESTATES UNIT 77, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 15, OF THE -LIC RECORDS OF COLLIER COUNTY, FLORIDA. rr 7 lli©311998 18'49 9414554995 LA QUINIA HaIES P4uE E_ a 4 Fx rb 9i7 CDO LTf w nar a a we 30 a�wwM i* wa a w so w Y 4 WA 49 ! Q aa. a� �� y 1� t 6 P7 �M1Yo9 { 7i\ fxl V L. Rete: 2569800 OR; 2622 PG; 0452 Ric Fell 37.50 CURI TO TBR BOARD RICORDED in the OFFICIAL RECORDS of COLLIIR COUNTY, FL COFIIS 8.00 INTIROFFICI 4TH FLOOR 12/16/1999 at 02:05PN DWIGHT 1. BROCI, CL1RI IIT 1240 AGREEMENT FOR 75% DEFERRAL OF COLLIER COUNTY IMPACT FEES This Agreement for the 75% Deferral of Impact Fees entered into this/lA4 day of 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Scott W. Price, hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library Systern Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Co County Emergency Medical Servf`tse _�.. No. 92-22, as amended, the collier'i r' Ordinance No. 92-33, as ar en0i Ordinance; as they may be furter n Impact Imuact F as "Impact Fee Ordinance",yamide for waivers of i units qualifying as affordable b6 ipg; and WHEREAS, OWNER h at ?1iw­for a 7 Impact Fee Ordinance, a copy of said Improvement Department; and e No. 91-71, as amended, the Collier Collier County Ordinance ,nce; and the Collier County 1 Facilities System Impact Fee tr after collectively referred to owner -occupied dwelling 1eiT41of impact fees as required by the file in the office of Housing and Urban WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 75% deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee deferral 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 deferral and OR; 2622 PG; 0463 WHEREAS, the COUNTY approved a 75% deferral of impact fees for OWNER embodied in Resolution No. 99-,r at its regular meeting of OLstZj! _, 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 is attached'] eovtl herein. 3. TERM. OWN ED,/agr sjhar,1he_, Dwel and shall be o kbit "A" and incorporated by reference Unit 'all',remain as affordable housing -wig z the'Y standards set forth in the appendices to h 11inacF e 1Oicirtce pr a �perod of tifieen (15) years a az commencing from* date the certificat sof 0�Au y� is issued for the Dwelling Unit., 4. REPRESENTAT'ION"' �N!D WARRANTIE, 1b "NER represents and warrants the following: a. Owner maintains a household with a moderate income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; 2 OR; 2622 PG; 0454 d. The Dwelling Unit shall remain as affordable housing for titteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,217.75 pursuant to the Impact Fez Ordinance. In return for the 75%, deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee deferral qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSF impact fee deferral tyq ` sold only to households, 6. AFFORDABLE REQV ya F 3� housing for a tifeepl issued; and if the\`1,�;�1 period, the impact .,s waived impact fees it t. uent pure a ling Unit ceases continuous period of fifteen I be immedi Is the Dwelling Unit subject to the the Dwelling Unit shall be in the Impact Fee Ordinance. must be utilized for affordable ate t �,, certificate of occupancy is lized-T r that purpose during such �i fo the COUNTY, except for ised for affordable housing for a the certificate of occupancy is issued. 7. LIEN. The deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement shall be made junior, inferior and subordinate to the first mortgage loan to OWNER. 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 deferred impact fees, and upon payment of the deferred impact 3 OR: 2622 PG: 0455 fees, 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 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 10. RECORDING. This OWNER in the Off after execution of Commissioners 1 11. DEFAULT. OWNS to sell the Dwellin qualification criteria are satisfied. i' inept shall be""r 's ord "d;{ xt" Records,of Collier Coin , Jma M7 rt ' w (1 E hurt shall be in default thisgre� uit, in accordance wrti'tie affat abti`sled.in the Inact,eC pay the impact fees within by OWNER at the expense of rida, within sixty (60) days of the Board of County (1) where OWNER fails le housing standards and and thereafter fails to ince, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days atter notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. 2 OR; 2622 PG; 0456 Except as set forth in Section 7, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this calculated on a calendar IN WITNESS Waiver/Deferral of Impact Witnesses: a Print Names-o���e-.�u� 4 Print Name STATE OF COUNTY OF t�1 &interest at the statutory rate for judgments t�.... �x until paid. _,parti, have executed this Agreement tier OWNEIC , The foregoing instrument was acknowledged before me this ��� day of 1999, by Scott W. Price. He is personally known to me -or -produced— -e-of- 1iature of Person Taking Ackp6wledgment ,Py JOANNE DALBEY wY OOMl4S WN r tt rixu Nell? 4 exnRes: osnormoz I -NO -3 -NOTARY FlaNary Sr.ka t ca 5 DATED Af,/9if ATTEST: DWIGHT $. BROCK, Clerk Atts# is to Chairman's :464th* only. Approved as to form and legal sufficiency It L H idi F. shton Assistant County Attorney _.. OR: 2622 PG: 0457 BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA By: P ELA S. MAC'KIE, CH R OMAN jd/c/impfee/pHce e` 'z 1 7 6 OR; 2622 PG; 0458 EXHIBIT `A' LEGAL DISCRIPTION SCOTT W. PRICE RESIDENCE THE WEST 75' OF TRACT NO. 42 IN GOLDEN GATE ESTATES UNIT NO. 78 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -� 7 www" an saw q.S9 ?97 1?6' OR: 2622 PG: 0459 t 1"%60 g q �9 ON a�^47?V ��1 P1v8S • 1 66 -ft -6 a sq aaz ire 'mores: dOlrZla Di�TiDiy ROW WIURIR IIAR0 2704131 OR: 2734 PG: 2317 H U 1 RICORDID 1e the OPPICIAL RICORDs Of COLLIER COUNTY, IL EIC 111 12,00 IffIROITICI 10%2012000 8t 10:30AM DMIGNT I. BROCK, CLIRK NOISISHOI DR AGREEMENT FOR loll% WAIVER OF COLLIER COUNTY IMPACT FEES "This Agreement for the Waiver of Impact Fees entered into this 1-1*41day of C)crk-A , _, 2000 by and between the Board of County Commissioners of Collier County, Florida, hcrcinallcr rcfcrrcd to as "COON'I'Y" and Cheryl Korbcl, hcrcinaticr referred to as "OWNER.,, WI'l'NESSE'1'll: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fev Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance: County Emergency Medical deo e No, 92-22, as amended, toe C,o,� Ordinance No. 92-33, as ar►ert¢e 4� Ordinance; and Collier Ccun1�" Impact Fee Ordinance; collectively referred to as "I owner -occupied dwelling units 9 No. 91-71, as amended, the Collier lmpact Fcunix; Collicr County Ordinance f� radJl tpact cc Ordinance, the Collier County tEiei�rht)el dtinal Facilities System Impact Ice r�cJc 989, the Rol Water and/or Sewer Systems may be furthernentied=' #spm time to time hereinafter �T,ee Ordinance", prov 4!-,)t waivers of impact ft:es for new and WHEREAS. OWNER has applied for a 1000,19 waiver of impact tees as rcquircd by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an atfiordable housing 100% 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 OR: 2734 PG: 2318 WHEREAS, by signing this Agreement, the County Manager has approved a waiver of impact fees for OWNER, WHEREAS, the Impact Fete Ordinance requires that the OWNER enter into an Agreemcni with the COUNTY. NOW, THE:KEFORE, in consideration of the foregoing recitals, the purties 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 ..f #iPtio.n of the dwelling unit (the "Dwelling ON Unit") and site plan k" siithched hereto as Fihfb&"` " and incorporated by reference herein. w... JI A 3. TERM. OWNER grc s l�at€ U shn `Ur `t .hall remain as affordable housing 5 I c �' 4� and shall be fti�r�d r xr l rn actce darn w th h standards set forth in the appendices to i `0�mpact Fee Ordina*;ri e for ''a •od of fitieen (1 S) years ,.4 ""O"r commencing frome"te the certificate optc�<uncy is issued for the Dwelling Unit. " I � 4. REPRESENTATIONS AND Wkkl2ANTItS. OWNER represents and warrants the following: a. Owner maintains a household with a very low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance, b. Owner is a first-time home buyer, C1. The Dwelling Unit shall be the homestead ofowncr; I OR: 2734 PG: 2319 d. The Dwelling Unit Shall remain as ufforduble housing for titteen (15) years from the date the certificate ofoccupancy is issued fur the Dwelling Unit; and C. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of U,949.82 pursuant to the Impact Fee Ordinance. In return for the 100% waiver of the impact fees awed M OWNER, OWNFA covenants and agrees to comply with the aflurdable housing impact tee waiver qualification criteria detailed in the Impact't.`e Ordinance. A list of the various Waived impact tees is attached hereto as Exhibit "B." i R 5. SUf3SEQUt:NT TRAANSF R. If OWNEIt�al� the Dwelling Unit subject to the impact fee waiver to a s bspqucht- pur�h r or r ter. the Dwelling Unit shall be sold only to householdst�te It *e impact Fee Ordinance. �, 6. AFFORUABL l M f htE Pwej in� Uni A�t must be utilized for affordable housing for a fj (15) year period . r the dates ithe certificate of occupancy is issued; and if the�ing Unit ceases tom t►kilztd for that purpose during such s ,,ice repaid to the period. the impact lePA, COUN"TY, except for waived impact fees if the dwcli`i`ngA[nt _has txen used for affordable housint5 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 property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 'rhe COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement shall be made junior, inferior and subordinate to the first mortgage loan. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years alter the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact 3 OR; 2734 PG: 2320 fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination ofthe lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall bc; binding upon the panics to this Agmmot and their respective heirs, personal rcprescntativcs, 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 Cees 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 prtrvl t 'o .qtr l are satistir~d, 10, RECVRDING, Tht 1 Cment shall he t� vp by vwN> tt at the expenar of OWNER in the,6 i,, is tgcords, ot'w,C.pl(icr Cou4tyj-lorida, within sixty (60) days after execution cif t] 11. DEFAULT. O'W' to sell the Dwel' qualification crite * pay the impact fees nit in accordance violates one of the affordable in the of th sgr, Vment (1) where OWNER fails housing standards and -ice and thereafter fails to iance, or (2) where OWNER itication criteria in the Impact Fee Ordinance for a period of thirty (30) days atter notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within 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 until repaid. 4 OR: 2734 PG: 2321 Except as set forth in Section 7, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee. or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce thi's Agreement. In additietl, the lien may he foreelosttd or othenvise 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 attorney's fees, incurred by the Board in enforcing thi'sgree1erk zI' s tnt r st at the statutory rate for judgments calculated on a cal IN WITN Waiver/Deferral of I Witnesses; a Punt Name nt Name STATE OF �-i�� r, cl •_ ) COUNTY OF C.� I h er ) until paid. uted this Agreement for The foregoing instrument was acknowledged before me this aL day of 2000, by Cheryl Korbel, She is personally known to me or produced%j ..,;,1 (type of identification) as identification. [NOTARIAL SEAL LAUREN JBEARD MY COMMISSION • l'C' mlue Nr� 8xY1RPS I0.12412w! 1-ROO!•NOTARY Fla PkYf) ler.�ces � HwrLn (., Signature of Person XaWnTAcknowledgment 5 . . . . •• OR: 2734 PG: 2322 BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA 13y THOMAS W. OLT-1100PWUNTY MANAGER STATE OF O COUNTY OF The foregoing instrument was acknowledged before me this i r7 day of W v bL . 2080, by Thomas W. 011iff. He is personally_ known to me or produced (type of legal sufficiency Thomas C. Palmer Assistant County Attorney 6 Acknowledgment OR; 2734 PG; 2323 EXHIBIT 'A' LEGAL DISCRIPTION CHERYL KORBEL RESIDENCE THE EAST 75 FEET OF TRACT 115, UNIT 81, GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 19, OF THE PUBLIC RECORDS OF COLLIER Q1 DA, VA EXHIBIT "B" IMPACT FEE SCHEDULE Borrower: Cheryl Korbel Property Address: Legal Description: Folio Number: 409 Single Family H Imnact Fees OR: 2734 PG: 2324 XXX 6th Avenue SE., Naples, FL 34120 East 75 feet of Tract 115, Golden Gate Estates, Unit 81 e { Library System, 4 Road . � 0 -0 t,81S% 0 Parks Impact Fees s 84 k '� 17.98 Correctional Facilities Educational Facilities A �.� 1,778.00 Emergency Medical $ 93.00 Water (City/County)* $ N/A Sewer (City/County)* $ N/A Total $45848.82 * Please circle to determine whether City of County Fee. is 1K A i77.7Y77 �']�j rur rajrc'a ^. L 1 �[ N� 1► wrw 1 O-cosTimr. Elty- \e, 0. PROPOW 1; 1� n 1 PATO t PROPvico � 1 FiANt\fN OWLS*RtU►. lot. PLOT PLAN — DRAINFIELD DESIGN 0931ON FLOW: 450 0611me per day Type iYSTsm; Mound 3Q. FT. UMAR MR; 1449 TANK SIZE: 900 gallons DRAINMELD: 375 9 (15 x 25 ) COMMENTS: unobstructed OT q-* sr Requires a soil analysis ®■ Site twiwtlon p ■ timuon twat DRAINFIELD SERVICES AND DESIGN, INC. 171 Ommuccial amdw urd Suite 27 WWI# Floridl 33942 Off e: (113) 643.4349 YuMr: (111136"143 7#:'9J3 Foc rlocida Nam of 00111or En -t+ 75' Tr15 t,c F1 &'We'A Gote. �sfiat�s Cheri, Korbct � / sS 1 w e` 3rtaw�o�R 3 IjA is .:,,.gym. s PLOT PLAN — DRAINFIELD DESIGN 0931ON FLOW: 450 0611me per day Type iYSTsm; Mound 3Q. FT. UMAR MR; 1449 TANK SIZE: 900 gallons DRAINMELD: 375 9 (15 x 25 ) COMMENTS: unobstructed OT q-* sr Requires a soil analysis ®■ Site twiwtlon p ■ timuon twat DRAINFIELD SERVICES AND DESIGN, INC. 171 Ommuccial amdw urd Suite 27 WWI# Floridl 33942 Off e: (113) 643.4349 YuMr: (111136"143 7#:'9J3 Foc rlocida Nam of 00111or En -t+ 75' Tr15 t,c F1 &'We'A Gote. �sfiat�s Cheri, Korbct Mta: ZSRINW N EM n 21114 2133808 OR: 2161 PG: 2180 w m elaoda is tw Vnem � Of am cella. K 111N/201 at 1IMN IIIA! 1. M. am n.« AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF COLLIER COUNTY IMPACT FEES FOR NON -MULTI -FAMILY DWELLINGS This Agreement for the Waiver of Impact Fees entered into this W day of -17 200$ by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Herbert R. Oldham and Dolores D. Oldham, hereinafter referred to as "OWNER," WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee: Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordl ollier County Parks and Recreational e ON Facilities Impact Fee Ordinagic Collier County Ordinan'ci NNB, 91-71, as amended, the Collier County EmergencyMedical Seiwitem tm ee e; Collier CountyOrdinance No. 92-22, as amended, thsi' Cbllilr ('obFere Ordinance; Collier County 1 7 E T Ordinance No. 92.33, as ntlie Ctetty EatibxFacilitics System Impact Fee Ordinou; xW Collier Cotm1 Ordinance No. 98 6651'(1-, tc �R x l Water and/or Sewer Systems 77 a Impact Fee Ordinance; as tli %►'ybe further amec�, Brom time to time, hereinafter collectively referred to as "Impact 1+e ► wide for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing SWe waiver/SOIL deferral of impact fees as established in the Impact Fee Ordinance; and OR: 2961 PG: 2981 WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinancc qualifying the project as eligible for an impact fee waiver/deferral; and WHEREAS, by signing this Agreement, the County Manager has approved a waiver of impact fees for OWNER, 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 INCORPORA be incorporated by refe��,hcwlt 2. LEGAL DESCRIFT1 fit .-,The-lel Unit"} and site Filart n acted tic herein. 4 3. TERM. 0WN1R agrees that tie and shall be o dor sale in appendices to the iiipK 'Jec commencing from the date"" Ae Unit. ooing recitals are true and correct and shall escriptio of dwelling unit (the "Dwelling oma. incorporated by reference , - 3 Unit sW sremain as affordable housing lea ► lIbc standards act forth in the ;v ,t% ° a period of fifteen (15) rears of occupancy is issued for the Dwelling 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: IL Owner maintains a household with a low income as defincd in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit shall be within the of orda6le housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time homebuyer, 2 OR: 2761 PG: 2782 The Dwelling Unit shall be the homestead of owner; C. 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 d. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of 54,848.82 pursuant to the Impact Fee Ordinance. In return for the 50'/o waiver/50% deferral 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 TRAI"s the Dwelling Unit subject to the impact fee waivey'd to a subsequent p c er or renter, the Dwelling Unit shall be sold housing for a fi ,*n",(15) year period issued; and if the ceases the chiMi set forth in the Impact Fee be utilized for affordable e certificate of occupancy is for that purpose during such period, the impact fees shall bi,ftcltly 'repaid to the COUNTY, the amount of the waived/deferred impact fees shall immediately be paid to the COUNTY in full. 7. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agrcement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agrcement,however, are to be considered junior, inferior and subordinate to the first mortgage loan. 3 OL 2161 Moo 2183 8. RELEASE OF LIEN. Upon satisfactory completion of the Agrcement requirements and fifteen (1 S) years after the date of issuance of the certificate of occupancy, or upon full payment of the waived impact fees; and upon full payment of the deferred impact fees, 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, pens nW 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 unpact fees waived/deferred until said impact fees in the Impact Fee Ordinance are full or utttl tl a lltt are paid in 6hs� Petrl oath satisfied. In -this Agreement shall run thtl>e land and shall remain alien for the waived/defetxed impart; fees gainst1kthe D , Ilii g Unit until the provisions of p j Section 8 are satisoed re ar Mess b y f su)v h the first mortgage or other security interest, „�, � C�Axi�, M 10. RECORDING �greement shall lwcorde COUNTY at the expense of COUNTY in the 0 1' cords of Co111er,,'C Florida, within sixty (60) days M JI after execution of this Aghoe>t b tlrity Manager. I 1. 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 within 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 thirty (30) days after notice of the violation. 4 M: 2761 PG: 2186 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 fm wUivCd/dCfCrrCd shall be paid in full by OWNER within 30 days of said non-compliance, except that any foreclosure by a first mortgage holder or the other holder of a security intcml will not accelerate payment of any outstanding impact fees that have been waivod/deferred. OWNER agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. 13, Except as set forth inrt such( interest in the DweJtui unity yof any owner, except the lien tir County tis shal County taxes. Should the 0"E9 not cured within30) Gays atter vin civil action to e Agreement. otherwise enforced by TY by be superior and paramount to the mortgagee, or other person on Panty with the lien of any such NW the default is the Board may bring lien may be foreclosed or in equity as for the foreclosure of a mortgage on real pro Tli4im6dy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's 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/Deferral of Impact Fees on the date and year first above written. 5 Witisses: STATE OF COUNTY OF OR: 2161 PG: 2785 OWN R: Herbert K. Wham Dolores D. Oldham The foregoing instrument was acknowledged before me this I 1 `qday of ,w &, , 2000, by Herbert R. Oldham and Dolores D. Oldham. They are personally known to me or produced (type of identifioa(t t , entificgtion. LAUREN J. BEARD My QOMMImON I CC ?"101 W"U NO= llj STATE OF COUNTY OF COMISSIONERS MANAGER The foregoing instrument was acknowledged before me this 4! day of .2061. by Thomas W. 011iff, County Manager for Collier County. He is personall own to me. --t\ C) Ct 116t-,(RY PPBLIC Approved as to form and N- .. legal sufficiency r IA M4'� C. Palm", Assistant County Attornay o� llj STATE OF COUNTY OF COMISSIONERS MANAGER The foregoing instrument was acknowledged before me this 4! day of .2061. by Thomas W. 011iff, County Manager for Collier County. He is personall own to me. --t\ C) Ct 116t-,(RY PPBLIC Approved as to form and N- .. legal sufficiency r IA M4'� C. Palm", Assistant County Attornay Ift Ws 2161 PG: 2116 ttt EXHIBIT `A' LEGAL DISCRIPTION Herbert R. Oldham and Dolores D. Oldham THE WEST 150 FEET OF TRACT 118, GOLDEN GATE ESTATES, UNIT 74, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 10, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. F1'At r FEE BIC A. Library Impact Fee t 3 §I Y4t B. Road Impact Fec C. Parks Impact *V,: �� D. EMS Impact Fee E. Educational Facilities Sygem$ll P F, Correctional Facilities impact Fa G. Water Impact Foe H. Sewer Impact Fee TOTAL IMPACT FEES F 117.98 N/A N/A $4,848.82 AGREEMENT FOR 79% DEFERRAL OF COLLIER COUNTY IMPACT FEES FOR NON -MULTI -FAMILY DWELLIN(iS 4 agNo �I�his Agreement for the 75% I)cterral of impact tees entered into this L day of a M a. '6' 2001 by and between the Board of County Commissioners of Collier " hereinafter referred to as "COUNTY" and Felipe & Ivel}'n Rodriguez. ., County, Florida, hereinafter referred to as "OWNER." WITNFS'SF'I'11: WHEREAS. Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County library System Impact Fee Ordinance; Collier County Facilities Impact Fee Ordim County Emergency Medicare No. 92-22, as amended, the d Ordinance No. 92-33, as Ordinance; and Collier Coil' Impact Fee Ordinance; as C collectively referred to as "Im County inane No, 98 - be further Ic�,Collier County Parks and Recreational ltn�e v. 91-71, as amended, the Collier tee O nahcc; Collier County Ordinance �rdidance, and the Collier County y f�ue tticogal , acilities System impact Fee `A the kegibh4l"' Water and/or Sewer Systems it,i°ncled'`fr m time to time, hereinafter deferrals of impact tees for new owner -occupied dwelling units qualifying ds`a#fordd le housing; and WHEREAS, OWNER has applied for a 75% deferral of impact fees as required by the impact Fee Ordinance, a copy of said application is on the in the office of dousing and Urban Improvement Department; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 75% deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee deferral 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 deferral and WI IERE.AS, by signing this Agreement, the County Manager has approved a deferral of impact fees for OWNER, and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE', in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTIO�F. h Unit") and site herein. 3. TERM. OWN and shall be 4 �ttached hereto as the dwelling unit (the "Dwelling and incorporated by reference in as affordable housing standards set forth in the appendices to ttte Impact Fee Ordin for - :,,*iod of titteen (15) years o commencing from iate the certificate of c tincy is issued for the Dwelling N Unit.�ns 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the ^� following: o a. Owner maintains a household with a moderate income as dctincd in the ca+ appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; The Dwelling Unit shall be the homestead of owner. 2 c. The Dwelling Unit shall remain as affordable housing for tifieen ( l5) years from the date the certificate of occupancy is issued for the Dwelling I.1nit; and d. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $5,491.82 pursuant to the Impact Fe Ordinance. In return for the 75% dellerral of the impact fees MYCd by OWNER, OWNER covenants and agrees to comply with the affordable housing tmRa e.e (}ulrtAtion criteria detailed in the Impact Fee Ordinance�enty-five percent (� "�i31`�thc impact tees shalt be paid to the Giant, u n-j�ssuancx-of 462ii build i "it.. A list of the various B. 5. SURSEQUENIt1NSFER. If OWIR srlls�'tuwelling Unit subject to the impact fee deferrdV Ia\subsequent purchast r b i t ter, the Dwelling Unit shall be sold only to househol 'ere cnra;et 1c�rth in the Impact Fee Ordinance. %.Co 6. AFFORDABLE RE(1UlREMEI T: TheTT[)weIling Unit must be utilized for atlordable 4-2 housing for a fifteen (15) year period after the date the certificate of occupancy is o issued, and if the Dwelling Unit ceases to be utilized for that purpose during such .8ab � period, the impact fees shall be immediately repaid to the COUNTY, the amount of the waived impact fees shall immediately be paid to the COUNTY in full. 7. LIEN. The deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement, however, are to be considered junior, inferior and subordinate to the first mortgage loan. ki 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years alter the date of issuance of the certificate of occupancy, or upon payment of the deterred impact tees, the COUNTY shall, at the expanse of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING 1FFE:CT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case o1' sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact tees waived until said impact tees are paid in full or until the conditt61s sit r1(h6Tr", addition, this Agreet�et all run with thy' deferred impact f6cs ogathst * f1w ltingJ11nit satisfied, regardless,- fij prt Tosgrq, tl 1\ I 10. RFCORDINC, i' r t sfia 1 ` ; rcc s COUNTY in the Q4fi°cial Records of C Ji;r C after execution of 11. DEFAULT. OWNER to sell the Dwelling Unit in by the C Fee Ordinance are satisfied. In shall remain a lien for the risions of paragraph 8 are or other security interest. tlNTY at the expense of la, within sixty (60) days (1) where OWNER tails with the affordable housing standards and qualitication criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 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 thirty (30) days atter notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the titteen (15) year period, or should OWNER violate any provisions of this Agreement, the impact tees deterred shall be paid in full by OWNER within 30 days of said non-compliance, except that any foreclosure by a first mortgage holder or the other holder of a security interest will 4 not accelerate payment of any outstanding impact fees that have been deferred. OWNER agrees that the impact fees deterred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until paid. Except as set forth in paragraph 7, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement .,In ' j " ' th 1" ay be foreclosed or otherwise enforced ��� by the COUNTY by acts t�'or suit in equity as t� � reclosure of a mortgage on real property. This remedy r2 latiVe with_Any othr' right or remedy available to the � t COUNTY. The Bbarcfitl titr@v )i attorney's fees, incurred by the Board in enforcing kL*n nt, t t Otatutory rate for judgments calculated on a caler, ay basis until patd �• 8' IN WITNESS WAE�F, the parties have tec jted this Agreement for Deferral of 7d C Impact Fees on the date and year iiCIA aivxerr Witnesses: OWNLlift Print Name z / elipe OWNER: Pnnt Name a 4 o EvelywRod� fez 5 STATE OF F1 COUNTY OF The foregoing instrument was acknowledged before me this '/ 5 t day of c* /_ 2000, by Felipe & Evelyn Rodriguez. They are personally known to me or produced FL• ., ,..,. type of identification) as identification. [NOTARIAL SEAL] Signature of Person T�Sknowled ment LAUREN J. BFARD MY COMMlSS10N r CC 177198 Kn� EXMRLS 0244 W2 1-!DO•INOTAIY i4 Nwry Savaet k Ikwh lu STATE OF COUNTY OF The foregoing instrume was, acknowledged 2001, by Thomas W. Oiliff,ty Wagger. (type of identification is?ides tiff Approved as to form and legal sufficiency Tho as C. Palmer Assistant County Attorney 6 TY COMISSIONERS Y, FLORIDA MANAGER E t ►is /Sday of $4ACiL , rsonalIv known to me or produced of Person Taking Acknowledgment ra 0 .a CT% EXHIBIT'A' LEGAL DISCRIPTION Felipe & Evelyn Rodriguez LOT 149 BLOCK 1069 GOLDEN GATE, UNIT 39 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK S, PAGES 97 TO 1059 INCLUSIVE, OF THIS Piil�cYt�ORDS OF COLLIER COUNTY, FLORIDA. IMPACT FEE A. B. C. D. E. F. G. H. Library Impact Fee' sew � Road Impact Fee Parks Impact Fee: GMS Impact Fee Educational Facilities System Impact Fee Correctional Facilities Impact Fee Water Impact Fee Sewer Impact Fee TOTAL IMPACT FEES DEFERRED IMPACT FEES 7 2,433.00 820.84 104.00 1,778.00 117.98 n/a n/a $5,491.82 $4,118.87 19 • • 82/28/2081 M--- 02:40 9414179111 i r Ag m PAGE 1r WIN F� lots: 2801957 OR: 2831 PG: 1790 uc ns j1►.s1 81 RRCOROIO In tlu,0111CI16 u00ROs of cQuIRR COOm, it IM1011I0/0101311M OR 1512512001 At 10:10111 HIM 1. 01m, CUB LU M one AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES FOR NON -MULTI -FAMILY DWELLINGS Jr This Agreement for the Waiver of Impact Fees entered into this 11 day of ► 1 r (T , 20-C J by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Michelle Ross, hereinafter referred to as "OWNER." WHEREAS, Collier County C Fee Ordinance, as it may be fu to as "Impact Fee Ordinance dwelling units qualifying as of WHEREAS. OWNER has Fee Ordinance, a copy of WIT.N.SETH: Eli3tm= lm er County Consolidated Impact from time to reinafter collectively referred avers dimpact fes for r new owner -occupied a 100% wai vo, of in act,4661 as required by the Impact ion is on file iri'l gffi��Housing and Urban Improvement Department; and WHEREAS, the County Manager or his de5igtteeMhas reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 100°% 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 OR: 2831 PG: 1791 WHEREAS, by signing this Agreement, the County Manager has approved a waiver of impact fees for OWNER, 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�e�ilof the dwelling unit (the "Dwelling Unit") and site plan r, vitt shed hereto asExh t and incorporated by reference herein. 3. TERM. OWN and shall be of appendices to th �jm`pact Fee Ordinance commencing from ll elate the certificate c a, Unit. TM sl 4. REPRESENTATIONS AND WARRANT -""i "shy l remain as affordable housing wit the s(a dai rds set forth in the fteen (15) years ncy is issued for the Dwelling OWNER represents and warrants the following: a. Owner maintains a household with a very low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; The Dwelling Unit shall be the homestead of owner; OR: 2831 PG: 1792 c. 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 d. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,848.82 pursuant to the Impact Fee Ordinance. In return for the 100% 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. A list of the various waived impact fees is attached hereto as Exhibit "B." 5. SUBSEQUENT TRANSFER. IfQWNER sells the Dwelling Unit subject to the . ,, Le impact fee waiver to a a►�i �nt purc�sef, r nter, the Dwelling Unit shall be sold only to households meting the criteria set forthn the Impact Fee Ordinance. 6. AFFORDABLF�"REOUlkEMENT The b elling nii'must be utilized for affordable housing for a ffteet' (k5)�ar petodafr)r �it° the certificate of occupancy is y <vn * { 3 issued: and if thrr: Dir c ax s be a ili ed xthat purpose during such x',11" period, the amotm ofthe waived impact sl al(� %diately be paid to the COUNTY in full. 7. LIEN. The waived the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement, however, are to be considered junior, inferior and subordinate to each first mortgage provided OWNER is the mortgagor. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 3 OR: 2831 PG: 1793 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 for the waived impact fees against the Dwelling Unit until the provisions of Section 8 are satisfied, regardless of any foreclosure on the first mortgage or other security interest. 10. RECORDING. This Agreement rc hall-bc-_rgcorded by COUNTY at the expense of COUNTY in the Official 'i cO&I"'If Colltet 'Ll" after execution of thr Ag,*ement by the County 11. DEFAULT. to sell the Dwelling Uhitcin qualification c pay the impact fe6k*j"q tin 30 days of said .1 N r, violates one of the aft d tOle housing qualifi Ordinance for a period of thtrtC dy Florida, within sixty (60) days (1) where OWNER fails housing standards and :e and thereafter fails to or (2) where OWNER in the Impact Fee 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 30 days of said non-compliance, except that any foreclosure by a first mortgage holder or other holder of a security interest will not accelerate payment of any outstanding impact fees that have been waived. 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 until repaid. Except as set forth in Section 7, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for 2 OR: 2831 PG: 1794 County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's 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 aye e'c�t 'agreement for Waiver of Impact Fees on the date and year tint above wTt� f Witnesses: l II Print Print Name Nsler" a STATE OF F r! U c ) COUNTY OF L f Iirr ) The foregoing instrument was acknowledged before me this .3 f ` 1 day of 2001, by Michelle Ross. She is personally known to me or produced pe of identification) as identification. [NOTARIAL SEAL] Signature of Person Tak*mg knowledgment LAUREN J. BEARD MY CGMMJOOMNISSION # CY' m 19tl « ExMKES IW241 OU2 I Klp) IiOT/IEY 1L NOWY Senxas i Co 5 OR: 2831 PG: 1195 BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA By jiwz..�=ft THOMAS W. OLtIMPUNTY MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this _a 5+ day of 1 2001 by Thomas W. 011iff. He is personally known to me or produced (type of identification) as identification. 3 [NOTARIAL SEAL] _, Stgnatttry of Person T Ackn ledgment LAUREN J nRD MY COMMISSION ICY "71% Approved as to form and � legal sufficienc I IpM>•!wI!��'�A1lV 'Ia N!!ur) SuvKes t l � HJ 6 Thomas C. Pal er °, w F Assistant County Attorney. . Revised 12/4/00 3 EXHIBIT 'A' LEGAL DISCRIP77ON 0 MICHELLE ROSS RESIDENCE OR: 2831 PG: 1796 THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT 84, GOLDEN GATE ESTATES, UNIT 68, A SUBDIVISION ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 90, OF THE PUBLIC RECORDS OF COLLIER COUNTY, Z- �F' IMPACT FEE BREAKWWN A. Library Impact Fee $ B. Road Impact Fee C. Parks Impact Fee: D. EMS Impact Fee E. Educational Facilities System Impact Fee F. Correctional Facilities impact Fee G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES 7 3 j /0 I 820.84 93.00 1,778.00 117.98 54,848.82 W W W .Q W J Q 0 .D Ln r - CREATIVE HOME5 OF. SW FLORIDA 1805 COUNTY ROAD 951, SUITE F, NAPLES, FLORIDA 34116 (941) 455-1112 FAX (941) 455-1515 JOB NUMBER' (0 CLIENT nSS ADDRESS' 310 3 V 12 ofT N h J IE N F _ QTY: M£ OUNTY CO LIE w� R y �ii�" `' 1Q7 016'40 EiLC��r • TRACT: STRAP NUMBER' q O1 H O S o OCD 9 LIVING_ AREA: /o6'1 50. FT. TANK DIZE: 900 GALLON CIFI n S17F 46B St]_ FT. SCALE; is ' 20� ------------ rt ------- 71 ------- f tNE PELICAN W/ RIGHT SIDE GARAGE O 7O Prepared by: Patrick C. white Asst. CoOkr County Att'y. 3301 Tamlaml Trali East Naples, Fl. 31112 2877030 OR: 2914 PG: 1336 IICOIDID in 0111CIL IICOIDS of COLLIII COOMtY, IL 10/2512001 at 11:11AM RIGMi 1. 11001, CUB UC 1111 31,50 Iota: 109SIX i OUAM IKIROVIMIM! 3050 1101313101 DI 1145 1DPUS IL 34104 Thk% space for recordinit AGREEMENT FOR WAIVER OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE: HOUSING DWELLING This Agreement for the Waiver 00to-f-impac 2001, by - wt en Collie r C`otti Florida, through its Board of"Coub , C nni ssioners,herei IJI Camila Henry, hereinafter feterrpd.� '61�#INRt Fees is entered into this laxly of itical subdivision of the State of rred to as "COUNTY," and as the "Parties." \, , WHEREAS, Collie aunty Ordinance N& 2001 � 13, t ylCollier County Consolidated Impact Fee Ordinance as its y e further amendc,ci �r vii t rn * fo time, hereinafter collectively referred to as "Impact Fee provide (or a.vaiver of impact fees for new owner -occupied dwelling units qualifying-* 1 t6' sing, and WHEREAS, OWNER has applied for the waiver of 100% of the impact fees otherwise required to be paid, as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Department, and WHEREAS, the County Manager, or his designee, has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of 100% of impact fees as set forth 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 OR: 2914 PG: 1337 WHEREAS, pursuant to Section 74-201, E. Lb. of the Impact Fee Ordinance, as codified in the County's Code of taws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing, and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt �- anri..�;t►�9�ir��e y- which is hereby mutually acknowledged, the Parties covenant and agree a-,-,, 1. RECITALS INCORPOAATED, The incorporated by refer'enm,,herei i ,a' f t°°°NP ry_, 2. LEGAL DESCkIP" jON 'h I (the "Dwelling rfit�,) is attached as herein. V� 3. TERM. The terms nccitals are true and correct and are if toe dwelling unit and its site plan "►�s s incorporated by reference ,fonger than a period of fifteen ( 15) years commencing from the" -da TM.,fltc :cai triificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. during the term of this Agreement, OWNER's household earnings will not exceed a low income as defined in the Impact Fee Ordinance, and the OWNER's monthly payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. Owner is a first-time home buyer; 2 OR: 2914 PG: 1338 C. during the term of this Agreement, the Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of $4,848.82, as set forth in attached Exhibit "B," incorporated by reference; and C. In return for the COUNTY waiving 100% of the impact fees owed by OWNER, OWNER further covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance during the term of this Agreement. 5. SUBSEQUENT TRANSFER; F EP.AYMENT. If during the term of this Agreement OWNER sells the Dw l ng tttt Mwh�t t r j,�ct to the impact fee waiver to a subsequent purchal I meeting the wailiei case of any such sa OWNER shall W& term expires, or Dwelling Unit shall he ualifyin ritcTila sct forth in or itra t r i t c f the i E tk V ��ble�°fetlte t��i�ct tc� tib?. `the conditions set h 41 only to persons or households Imnact Fee Ordinance. In the titg Unit, the succeeding qualified { 3 ivy,! until the original fifteen year :t Fee Ordinance and this Agreement are sat iti ie0w� the Dwellm rU�r t i sold or transferred to another e qualified purchaser. AV -1 J� 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately paid to the COUNTY, except that after fifteen (I5) years the waived impact fees no longer are required to be repaid. 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of the waived impact tee shall constitute and be a lien on the Dwelling Unit in the amount of Four Thousand Eight 3 OR: 2914 PG: 1339 Hundred Forty -Eight dollars and 82/I(X) ($4,848.82), as set forth in attached Exhibit "B," except that after fifteen ( 15) years the waived impact fees no longer are required to be repaid. This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable Security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien the Dwelling Unit of that this lien shall 8. RELEASE OF requirements at the impact fees withtfpll ,e the COUNTY, r including, but not therwisex.be superior and paramount to the interest in 1esuc� rttartgagee, or other person, except th any lien for County taxes. Upotistaci» R i R of, t o Jerin 6 ti th �r tt`eeri�5) yta rm, any necessary d0 d4bb,a release of lien, - 9. BINDING EFFECT. This pletion of this Agreement's or prior payment of the waived �i V,NTY shall, at the expense of videncing such payment(s), r with the land and be binding upon the Parties to this Agreement, their heirs, successors, and assigns 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 4 OR; 2914 PG: 1340 b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time; during the term of this Agreement, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be paid in full by OWNER to the COUNTY within thirty (30) days of written nptificatio of said violation, except that after fifteen (15) ,. years the wa►vei cfees no to ' t cr .required to be repaid. b. Should toe U�W`NER otherwise be in efal. of this Agreement, and the default t not cured within �ntnety (90) days atter mailing of written notice to the OWNER, they C0QN` �Y Ek aay�h e�tg la 4ivil action to enforce the k i Agreempn 4" c. In additi `the lien may befi �clOsi'ii `, i' otherwise enforced by the xa COUNTY,'fiop,,,..or suit in lay,- ufty including the foreclosure of a � "A t mortgage on real pi�pt )NTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 5 OR: 2914 PG: 1341 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses (as to both): 4 `' I L C � P ' nt Name Ca-, S 6r� Print Na e STATE OF Fly. COUNTY OF The foregoing Agree 2001, by Camila Henry. S identification) as identiticati� LAUREN 1.9 MY (Y)MMlSS10N *C( l( 77�4`M �N a I.M10.)'N01AlY PI. Ndory Sm�u, B lk nr �'` COUNTY: OWNER I: tell "> 5w _ Camila Henry OWNER 2: n } ' l w'as acknowledged bet is/mrstmal by known to me of Approval Recom ended Greg a fc, Director of Aising & Urban Improvement STATE OF FLORIDA) his —LL�' 1Z ay of i>r I c> L.,• reduced a 1)"." 4.s -- type of Acknowledgment Attomey COLLIER COUNTY, FLORIDA By: -a-cm-ao* THOMAS W. OLLIFF, TY MANAGER COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this. day of 2001, by Thomas W. 011ift' County Meta, nn be g of the COUNTY. He is personally known to me.MARY E BECK a r� Jnr aorwMt�woN � cx' [NOTARIAL SEA [ «" "�"'��kg2w tire o Z Taking Acknowledgment OR: 2914 PG: 1342 EXHIBIT "A" LEGAL DESCRIPTION THE EAST 75 FEET OF THE EAST 150 FEET OF TRACT 58, GOLDEN GATE ESTATE'S, UNIT 67, ACCORDING TO THE PIAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 89, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Type of Impact Fee A. Library lmpact Fee B. Road Impact Fee C. Parks lmpact Fee: , EXHIBIT "B" IMPACT FEE BREAKDOWN Amount Owed 820. D. EMS Impact Fee _ I \ r° ", $;' P )E, E. Educational Facrlr ies. ` y4oqv 1pif. IF ` x $ 177t .od F. Correctional Facililles-Ampact Fee a .d > G. Water lmpact Fee r° H. Sewer Impact Fee TOTAL IMPACTFEES WAIVED .82 $4,848.82 7 "t OR: 1914 PG: 1343 """ CREATIVE HOMES OF SW FLORIDA 12355 COLLIER BLDV. SUITE F, NAPLES, FL. 34116 (941) 455-7754 FAX (941) 455-7515 o L 15' 45' T 15' ,! it 5I TE CONTAINMENT AREA P 15" o � -24'6 I a7 e� .. 12'6 cv f 126{ 1 F�:( jN h --- 75' I 0 ch JOB NO.: AbbRESS: CITY: - UNIT: LOT: STRAP NUMBER: V%, l INORTI LIVING ARE TANK SIZE: CLIENT: COUNTY: COLLIER BLOCK: TRACT: 'N 1031 SQ FT. A� 900 GAL. ;I 462 SQ.FT. SCALE: I"= 40' PELICAN (3 BDR.) RIGHT HAND GARAGE 2889634 OR: 2929 PG: 0747 ncolon io 0111clu ncolol of M11111 calm, n 11/21/2111 at 09:57AN DOOR 1. 110c1, Can Prepared by: RIC F1111 37,51 lath: Patrick G. white M3IM & gnu 101MKM Asst. Copier County All' I/sl 110111111101 Dl Ills 3301 Tamiaml Trail hast M111 fl 14104 Naples. ! 1. 3a 112 I'his %pace Cur rccordink AGREEMENT FOR DEFERRAL OF 75% OF COLLIER C'OUNT'Y IN]PACTFEES FOR SINGLE-FAMILY AFFORIMBLE HOUSING MELLING This Agreement for the Ih ferral.. f 7 fi; ofi ltnpart fres is entered into thi,; day of 14", v 2M1, by �1n'J"If r_C'ui lei C t iItv" i -political subdivision of the State of Florida, through its the Board'of C6unty Commissioners he eii�:� ter referred to as "COUNTY," and Jason H. Ratz, hereinafter rvlerred to k)'' w,.. s r WHEREAS, Collie Lin '°`C)rilii i1re NI:R,� collectjveli stated as the "Parties.,. flk." ullier County Consolidated Impact Fee Ordinance, as It 4.64"be further amendc.d,-�Auni ti iy time, hereinafter collectively referred to as "Impact Fee riff "wk.," provides .mferr �.ftI als of impart fres for new owner -occupied dwelling units clualifyt`4vl�4in and unci WHEREAS, OWNER has applied for a deferral of 751% of impart fees its allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Lkpartment; and WHEREAS, the County ,'Manager, or his designee, has reviewed the OWN[ -R's application and has found that it complies with the reyuirenlents for an affordable housing 751,1, deferral of impact fees as set forth in the Impact Fee Ordinance, and OR: 2929 PG: 0748 WHEREAS, the impact fee deferral shall he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-201, E. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorised to execute certain Impact Fee Deferral Agreements; and WHF REAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support ofcreating Affordable Housing, and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the C'OUN'TY. NOW, 'THEREFORE, in�unsideration of the I'6re'g`011tag Recitals, and other good and valuable consideration the'i*eccfpt �rtc Hici ii�y�c t whish''" hC�rehy mutually acknowledged, the Parties covenant and aree I. RECITALS IN� � incorporated by J fc Vince herein. E ,goo w c.vxif:6" are true cora correct and are 2. LEGAL. DESCRIP SIO, The legal dcuript � s (the "Dwelling Unit') 1s,4tv.t ' �E as,t*1ijhil) herein. cif't,E e dwelling unit and its site plan " and is incorporated by reference 3. 'TERM. The terns of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall he offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. RI PRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: 2 OR: 2929 PG: 0749 a. OWNE:R's household earnings will not exceed a nuxicrate income as defined in the Impart Fcc Ordinance, and (tic OWNER's monthly payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance, b. Owner is it first-time home hover; C. The Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner. d. OWNER is the owner oI record ol' the Dwelling befit, anti pursuant to the Impart Fee Ortiinanee owes impart tccs in the total attwunt ol' S4,848.a?, as set forth in attached Exhihit "13," incorporated by reference; and C. In return for the ((E T jY,';dejVjTing 7511c of ttic impart fees owed by OWNER ,OW --N sR�Iurther rui t tj nd agrees to comply with (tic affordable to tt". vg impact tce deferral Ittalificalimi criteria detailed in the t Itnpa(t f c it tai nt t -pay,ac futniag. twenty-five percent (25141 ` E VI of the i1004-1 ttr�s tipot sti raticc'� of thy. building permit as stated on 3 Exhthtf E. 5. Sl!BSf:(1Uf:N"C 'I SfTR. REPAYMEN � Vit;- l NER sells the Dwelling Unit which is subject to the tdetcrr t '�.vtrhscttucnt purch.t.s r, the Dwelling Unit shall bc: sold only to mecting the deferral qualifying, criteria set forth in the Impart Fee Ordinance. In the rase of* sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the: impart fres del'erred until said impact Ices are paid in full or until the conditions set forth in (tic Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE: REQUIREME T. The Dwelling Unit must be utili/cd tier affordable housing as defined in the Impact Fee: Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to he utili/.ed for that purpose during 3 OR; 2929 PG: such period, the 1'111 amount of'the waived impact lees shall he immediately repaid to the COUNTY. 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid Or reICASCLI, the dollar amount of deferred impact t'cc shall constitute and he :t licit on the Dwelling Unit in the amount of 'three Thuus:uul Six Hundred "Thirty -Six dollars and 62/1M 63,036.62), as set tOrth in attached Exhibit "B." This lien may he t'oreclosed upon in the event of default under this Agreement. Provided that il' the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of it suitable security collateral being provided by (fie OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising f under this Agreement ai•,� t(� �ctir�s r1��tr�►�►�r, inferior, and subordinate to each I irst mortgage on the ),wefling Unit. Except `�fse Oiere noted in this Agreement, and regardless of"diny or I- -c ��tiihc��i�: nrortF ge �r other security interest, such lien shall othe mise, b 14ip' E ►�,.i lc p tr� tui i t t ► ftc interest in the Dwelling Unit of 4 any owner. Icssc�ir� rctex,µ ►r`mh`x4ept that this lien shall he on parity with any Ii('uunty taxes. * r S. RELEASE . OF t . ° Upon satrsl.actor L artri)letion of this Agreement's recluirements. including '�4ynj�eE►k'rOf tC', iii+cE"Impact fees, the COUNTY shall, at the expense of the COUNTY, record any t►c,'cessary documentation evidencing such payment, including, but not limited to, it release of lien. 9. BINDING EFFECT. '['his Agreement shall run with the L•urd and he hinding upon the Parties to this Agreement, their heir's, successors, and assigns 10. RECORDING. This Agreement shall be recorded by C'OUNT'Y at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) clays after execution of this Agreement by the County Manager. 11. DF.FAUL f. OWNER shall he in default of this Agreement it': 4 OR: 2929 PG: 0751 it. OWNER fails to sell the Dwellim-' UMt it, accordancC with the affordable housing standards and (lualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees clue within thirty (30) days of mailing of written notice of Said non-compliance, or h. OWNER continue. to violate any of the AT011l;thle housing Flu;tliticatiun criteria in the Impact Fee Ordinance for a period of fifteen (15) days atter mailing of written notice of the violation. 12. REMEDIES, The following r•entedies are Cumulative with any other right or remedy available to the COUNTY: it. Should the OWNER of the property: 111 fail to comply with the said Livalificationuitct�,t a y(tr tt d '111g the fifteen 1 15) year term: or (2) Wim{. violate any jus stuns of this Agri* tr t i then the dollar ;tmuunt of impact tees deft •reLI Afi . td i,n full,�by O ' ' to the COUNTY within thirty (3()) days o1 v t1 t AV t:,il it f rr v �l�trurt. ., h. ShouldIt CWI�Y: rtthcrvr� Vic, k(n lc tirtrlt Eof this Agreement, and the M � .J k� default tart cured within Hint 9U) ,laysr mailing of written notice to the OW E ' the COUNTY nt'; y hri`rt ;U civil action to enforce the Agreement C. In addition, tilt. Iren or otherwise enforced by the COUNTY, by action or suit in law or C(luity including the foreclosure of it mortgage on real property. The COUNTY shall he entitled to recover all fees and Costs, inCluding attorneys fees, 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 on the date and year first above written. C1 Witnesses: Print Name_ Print Name' ,C'. STATE OF COUNTY OF (1 //,r OWNER: J sun FF. Rau OWNER: OR: 2929 PG: 0752 The foregoing Agreement was acknowledged hcturc [Ile this day of 2001, by Jason If. Ratz. They are personally known to ate or produced Ft- 6 __._(type of identification) as identification. [NOTARIAL. SEALI j0j' I LAUREN J Bt MY <v IMMIS51oN 0 EXPIRES IG^.4 �N h I•IOdYNOIARY Flr N�ury SavEca STATE OF FLORIDA) COUNTY OF COLLIER) Taking Acknowledgment IDA NTY MANAGER The foregoing Agreement was acknowledged hefure me this day of e1- 2001, by Thomas W. 011itl•, County Manager, ort hchalf•of the COUNTY. tie is personally known to me. [NOTARIAL MARY E. BECK gnure atL erson T ' akinAcknowledgment � � **00FIV MY CoMMLVMON I EXPIRES: April n. XW Approved as to form and ega suffi • •ncy: Patrick G. White Assistant County Attorney 6 Approval recommended Greg Mih�Iuan cirector of Housing Improvement OR: 2929 PG: 0753 EXHIBIT " V LEGAL DESCRIPTION Jason H. Rutz THE WEST 75 FEET OF THE WEST 150 FENT OF TRAC1' 89, GOLDEN GATE ESTATES, UNIT 62, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" Ilb111A ' t ,#aR r aj)()WN Type of Impact Fee Ami►tr f)vec A. Library Impart f'cr 5. �14.(x B. Road lmpact f Ce,J k C. Parks Impact f ec- D. EMS Impact Fee �'�e`y k'�: E. Educational Facilitity'(�� Impact Fee F. Correctional Facilities lni.tct':, G. Water lmpact Fee n/a H. Sewer Impact Fee n/a TOTAL IMPACT FEES $4,848.82 75% DEFERRED IMPACT FEES $3,636.62 25% IMPACT FEE DUE BY OWNER $1,212.20 7 30 so N N t0 O v V7 k k k ,n 1 � r�0 ►oSC� ��,�� wr« \ \ \ O E. c • l a Ctc•J �o � PA no Ing pRo�osco u 1�' 0 ion i 'J *ti � 17 X er L V ip L d t' E a I V I :enterline of Road PLOT PLAN — DRAINFIELD DESIGN DESIGN FLOW: 450 Gallons per day DRAINFIELD SERVICES AND DESIGN, INC.. TYPE SYSTEM: Mound SQ. FT. UNDER AIR! 1440 Naples, Florida TANK SIZE: 900 gallons office (8131 643.4349 DRAINFIELD: 375 SF (15 x 25) beeper. 1813) 5()6.0145 COMMENTS: Unobstructed GT 1125 SF' Requires a soil analysis Dater For. Florida Hames of Collier Scale: Job r. ®s Site Evaluation p Elevation Mark 30 so N N t0 O v V7 k k k