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Agenda 10/24/2017 Item #16D 110/24/2017 EXECUTIVE SUMMARY Recommendation to approve two Releases of Lien to combine release of 31 separate liens for a combined amount of $205,060.90 for properties developed by Immokalee Habitat for Humanity, Inc. and Habitat for Humanity of Collier County, Inc. that have remained affordable for the required 15-year period set forth in the State Housing Initiatives Partnership (SHIP) Impact Fee Program deferral agreements. OBJECTIVE: To support the affordability of housing in Collier County through the SHIP Impact Fee Program. CONSIDERATIONS: Pursuant to Article IV of Chapter 74 the Collier County Code of Ordinances, the County shall defer the payment of the impact fees for any new owner-occupied unit which qualifies as affordable housing. Section 74-401(a) (3) of the Code authorizes the County Manager to enter into an Agreement for Waiver of Collier County Impact fees, more commonly known as a SHIP impact fee deferral agreement with the owner or applicant. Under the SHIP Impact Fee Deferral program, when an eligible applicant is approved for an impact fee deferral, the SHIP program pays the required impact fees in full to the County on behalf of the applicant and defers the SHIP repayment to the applicant until the property is sold, refinanced, or no longer their primary residence. The Dwelling Unit is to be utilized for affordable housing for a 15-year period after the issuance of the certificate of occupancy. The following table provides details regarding Immokalee Habitat for Humanity, Inc., also known as Habitat for Humanity of Collier County, Inc. as they officially changed their name on November 26, 1997 with the State of Florida Division of Corporations and a ssociated 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 Lien, and the executed document shall be recorded in the Public Records of Collier County, Florida at the cost of the County. Legal Description BCC/CM Approval Date Impact Fee (OR/PG ) C/O Date 15-Year Affordability End Date Impact Fee Amount Naples Manor Lakes, Block 7, Lot 18 08/26/97 2342/1910 02/08/02 02/08/17 $6,169.52 Naples Manor Lakes, Block 7, Lot 19 08/26/97 2342/1916 02/08/02 02/08/17 $6,169.52 Naples Manor Lakes, Block 10, Lot 25 11/04/97 2361/0853 08/26/98 08/26/13 $6,169.52 Naples Manor Lakes, Block 10, Lot 26 11/04/97 2361/0859 08/26/98 08/26/13 $6,169.52 Naples Manor Lakes, Block 10, Lot 27 11/04/97 2361/0865 08/26/98 08/26/13 $6,169.52 Naples Manor Lakes, Block 12, Lot 16 08/26/97 2342/1880 02/25/98 02/25/13 $6,169.52 Naples Manor Lakes, Block 13, Lot 3 11/04/97 2361/0877 04/04/98 04/04/13 $6,169.52 16.D.1 Packet Pg. 519 10/24/2017 Naples Manor Lakes, Block 13, Lot 17 11/04/97 2361/0895 03/17/99 03/17/14 $6,169.52 Naples Manor Lakes, Block 13, Lot 29 2/8/1997 2284/2223 12/23/97 12/23/12 $6,169.52 Naples Manor Lakes, Block 13, Lot 37 11/04/97 2361/0913 04/24/98 04/24/13 $6,169.52 Naples Manor Lakes, Block 13, Lot 40 11/04/97 2361/0925 01/03/99 01/03/14 $6,169.52 Naples Manor Lakes, Block 2, Lot 19 02/23/99 2518/1445 05/31/00 05/31/15 $6,779.52 Naples Manor Lakes, Block 4, Lot 6 04/07/98 2407/1999 02/17/99 02/17/14 $6,169.52 Naples Manor Lakes, Block 4, Lot 7 04/07/98 2407/2006 02/17/99 02/17/14 $6,169.52 Naples Manor Lakes, Block 4, Lot 20 06/23/98 2434/1872 04/30/99 04/30/14 $6,169.52 Naples Manor Lakes, Block 7, Lot 1 02/12/01 2777/2039 02/08/02 02/08/17 $7,698.82 Naples Manor Lakes, Block 7, Lot 33 02/08/00 2640/1108 04/26/01 04/26/16 $7,140.34 Naples Manor Lakes, Block 8, Lot 2 02/08/00 2640/1115 05/31/01 05/31/16 $7,140.34 Naples Manor Lakes, Block 8, Lot 5 02/12/01 2777/2045 02/08/02 02/08/17 $7,698.82 Naples Manor Lakes, Block 9, Lot 12 06/27/00 2692/3381 08/10/01 08/10/16 $7,586.34 Naples Manor Lakes, Block 11, Lot 12 09/01/98 2457/2609 07/29/99 07/29/14 $6,169.52 Naples Manor Lakes, Block 11, Lot 13 09/01/98 2457/2602 07/29/99 07/29/14 $6,169.52 Naples Manor Lakes, Block 12, Lot 3 04/07/98 2407/2013 02/17/99 02/17/14 $6,169.52 Naples Manor Lakes, Block 12, Lot 30 12/15/00 2756/3336 12/31/01 12/31/16 $7,698.82 Naples Manor Lakes, Block 12, Lot 31 12/07/00 2756/3264 12/28/01 12/28/16 $7,698.82 Naples Manor Lakes, Block 13, Lot 1 02/23/99 2518/1452 05/25/00 05/25/15 $6,779.52 Naples Manor Lakes, Block 13, Lot 20 12/15/00 2756/3276 08/01/01 08/01/16 $7,698.82 Naples Manor Lakes, Block 13, Lot 24 06/23/98 2434/1851 04/20/99 04/20/14 $6,169.52 Naples Manor Lakes, Block 13, Lot 25 06/23/98 2434/1858 04/20/99 04/20/14 $6,169.52 Naples Manor Lakes, Block 15, Lot 5 02/23/99 2518/1459 12/15/00 12/15/15 $6,779.52 Naples Manor Lakes, Block 18, Lot 16 12/14/99 2622/0581 06/14/01 06/14/16 $7,140.34 16.D.1 Packet Pg. 520 10/24/2017 Total $205,060.90 FISCAL IMPACT: There is no fiscal impact associated with the Release of Lien. The $37.00 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 two (2) R eleases of Lien for the combined amount of $205,060.90 for 31 properties developed by Immokalee Habitat for Humanity, Inc. and Habitat for Humanity of Collier County, Inc. that have remained affordable for the required fifteen-year period set forth in the SHIP Impact Fee Program deferral agreements. Prepared By: Wendy Klopf, Operations Coordinator, Community & Human Services Division ATTACHMENT(S) 1. HfH-Release of Lien- Naples Manor Lakes (PDF) 2. IHfH -Release of Lien Naples Manor Lakes (PDF) 3. [Linked] IF Agreements Immok Habitat Naples Manor Lakes (PDF) 4. [Linked] SHIP IF Agreements HfH Naples Manor Lakes (PDF) 5. Immok HfH-Homestead Verification Naples Manor Lakes (PDF) 6. HfH of CC-Homestead Verification Naples Manor Lakes (PDF) 16.D.1 Packet Pg. 521 10/24/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.1 Doc ID: 3777 Item Summary: Recommendation to approve two Releases of Lien to combine release of 31 separate liens for a combined amount of $205,060.90 for properties developed by Immokalee Habitat for Humanity, Inc and Habitat for Humanity of Collier County, Inc. that have remained affordable for the required 15-year period set forth in the State Housing Initiatives Partnership (SHIP) Impact Fee program deferral agreements. Meeting Date: 10/24/2017 Prepared by: Title: Operations Coordinator – Community & Human Services Name: Wendy Klopf 09/19/2017 2:58 PM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 09/19/2017 2:58 PM Approved By: Review: Community & Human Services Leslie Davis Additional Reviewer Completed 10/04/2017 10:39 AM Community & Human Services Kristi Sonntag Additional Reviewer Completed 10/04/2017 10:47 AM Community & Human Services Lisa Carr Additional Reviewer Completed 10/04/2017 4:20 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 10/05/2017 11:50 AM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 10/05/2017 12:35 PM Public Services Department Kimberley Grant Additional Reviewer Completed 10/05/2017 2:47 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 10/05/2017 3:26 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/09/2017 1:42 PM Grants Erica Robinson Level 2 Grants Review Completed 10/09/2017 4:13 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/11/2017 1:20 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2017 2:12 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/12/2017 8:23 AM Budget and Management Office Ed Finn Additional Reviewer Completed 10/12/2017 12:33 PM Grants Therese Stanley Additional Reviewer Completed 10/12/2017 6:03 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/15/2017 12:42 PM 16.D.1 Packet Pg. 522 10/24/2017 Board of County Commissioners MaryJo Brock Meeting Pending 10/24/2017 9:00 AM 16.D.1 Packet Pg. 523 Prepared by: Wendy Klopf Collier County Community & Human Services Division 3339 E . Tamiami Trail, Building H, #211 Naples, FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS : That Collier County, whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Waiver Agreements executed by Habitat for Humanity of Collier County, Inc. to Collier County, having met the 15 year affordability housing obligation associated with the $137,196.18 of SHIP Impact Fee Waivers, of which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described as follows : See Exhibit A The undersigned is authorized to and does hereby release these Liens with respect to the above- named properties, and consents to these Liens being forever discharged of record with respect to said properties. This Release of Lien was approved by the Board of County Commissioners on - __________ , 2017, Agenda Item Number ____ _ ATTEST: DWIGHT E. BROCK, CLERK By: _________ _ , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ___________ ~ PENNY TAYLOR, CHAIRMAN 16.D.1.a Packet Pg. 524 Attachment: HfH-Release of Lien- Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) EXHIBIT A Various lots as listed below for, Naples Manor Lakes, According to the Plat Book thereof, as Recorded in Plat Book 3, at Page 86, of the Public Records of Collier County, Florida. County 15 year Managers CO date affordability Legal Description Folio Lien Impact Fee Approval end date (OR/Pg) Amount Naples Manor Lakes, 02/23/99 05131100 05/31/15 Block 2, Lot 19 62251240000 2518/1445 $6,779.52 Naples Manor Lakes, 04/07/98 02/17/99 02/17/14 Block 4, Lot 6 62252440003 2407/1999 $6,169.52 Naples Manor Lakes, 04/07/98 02117/99 02/17/14 Block 4, Lot 7 62252480005 2407/2006 $6,169.52 Naples Manor Lakes, 06/23/98 04/30/99 04/30/14 Block 4, Lot 20 62252920002 ·2434/1872 $6,169.52 Naples Manor Lakes, 02/12/01 02/08/02 02/08/17 Block 7, Lot 1 62255240006 2777/2039 $7,698.82 Naples Manor Lakes, 02/08/00 04/26/01 04/26/16 Block 7, Lot 33 62256400007 2640/1108 $7 ,140.34 Naples Manor Lakes, 02/08/00 05/31/01 05/31/16 Block 8, Lot 2 62256680005 2640/1115 $7,140.34 Naples Manor Lakes, 02/12/01 02/08/02 02/08117 Block 8, Lot 5 62256800005 2777/2045 $7,698.82 Naples Manor Lakes, 06127100 08/10/01 08/10116 Block 9, Lot 12 62258000007 2692/3381 $7,586.34 Naples Manor Lakes, 09/01/98 07/29/99 07/29/14 Block 11, Lot 12 62260200002 2457/2609 $6,169.52 Naples Manor Lakes, 09/01/98 07/29/99 07/29114 Block 11, Lot 13 62260220008 2457/2602 $6,169.52 Naples Manor Lakes, 04/07/98 02/17/99 02/17/14 Block 12, Lot 3 62261200001 2407/2013 $6,169.52 Naples Manor Lakes, 12/15/00 12/31/01 12/31/16 Block 12 , Lot 30 62262040008 2756/3336 $7,698.82 Naples Manor Lakes, 12/07/00 12/28/01 12/28/16 Block 12, Lot 31 62262080000 2756/3264 $7,698 .82 Naples Manor Lakes, 02/23/99 05125100 05125115 Block 13, Lot l 62262480008 2518/1452 $6,779.52 Naples Manor Lakes, 12115/00 08/01/01 08/01/16 Block 13, Lot 20 62263240001 2756/3276 $7,698.82 Naples Manor Lakes, 06/23/98 04/20/99 04/20/14 Block 13, Lot 24 62263400003 2434/1851 $6,169.52 Naples Manor Lakes, 06/23/98 04/20/99 04/20114 Block 13, Lot 25 62263440005 2434/1858 $6,169.52 Naples Manor Lakes, 02/23/99 12/15/00 12115115 Block 15, Lot 5 62265000003 2518/1459 $6,779 .52 Naples Manor Lakes, 12/14/99 06/14/01 06/14116 Block 18, Lot 16 62266480004 2622/0581 $7,140.34 Total $137, 196.18 16.D.1.a Packet Pg. 525 Attachment: HfH-Release of Lien- Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) Prepared by : Wendy Klopf Collier County Community & Human Services Division 3339 E . Tamiami Trail , Building H, #211 Naples, FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS : That Collier County, whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Waiver Agreements executed by Immokalee Habitat for Humanity, Inc. to Collier County, having met the 15 year affordability housing obligation associated with the $67 ,864. 72 of SHIP Impact Fee Waivers, of which is hereby acknowledged does remise , release , quitclaim , exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien , more particularly described as follows : See Exhibit A The undersigned is authorized to and does hereby release these Liens with respect to the above- named properties, and consents to these Liens being forever discharged of record with respect to said properties. This Release of Lien was approved by the Board of County Commissioners on - ----------·' 2017, Agenda Item Number ____ _ ATTEST: DWIGHTE.BROCK,CLERK By : _________ _ , DEPUTY CLERK Approval for form and legality : Jennifer A. Belpedio (h ',~ Assistant County Attorney ~ oJ;.._ ~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ___________ ~ PENNY TAYLOR, CHAIRMAN 16.D.1.b Packet Pg. 526 Attachment: IHfH -Release of Lien Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) EXHIBIT A Various lots as listed below for, Naples Manor Lakes, According to the Plat Book thereof, as Recorded in Plat Book 3, at Page 86 the Public Records of Collier County, Florida. County 15 year Managers CO date affordability Legal Description Folio Lien Impact Fee Approval end date (OR/Pg) Amount Naples Manor Lakes, 08/26/97 02/08/02 02/08/17 Block 7, Lot 18 62255880000 2342/1910 $6,169 .52 Naples Manor Lakes, 08/26/97 02/08/02 02/08/17 Block 7, Lot 19 62255880107 2342/1916 $6,169.52 Naples Manor Lakes, 11/04/97 08/26/98 08/26/13 Block 10, Lot 25 62259280004 2361/0853 $6,169.52 Naples Manor Lakes, 11/04/97 08/26/98 08/26/13 Block 10, Lot 26 62259320003 2361/0859 $6 ,169.52 Naples Manor Lakes, 11/04/97 08/26/98 08/26/13 Block 10, Lot 27 62259360005 2361/0865 $6,169.52 Naples Manor Lakes, 08/26/97 02/25/98 02/25/13 Block 12, Lot 16 62261650004 2342/1880 $6 ,169.52 Naples Manor Lakes, 11/04/97 04/04/98 04/04/13 Block 13 , Lot 3 · 62262560009 2361/0877 $6,169.52 Naples Manor Lakes, 11/04/97 03/17/99 03/17/14 Block 13 , Lot 17 62263120008 2361/0895 $6,169.52 Naples Manor Lakes, 2/8/1997 12/23/97 12/23/12 Block 13, Lot 29 62263560008 2284/2223 $6 ,169.52 Naples Manor Lakes, 11 /04/97 04/24/98 04/24/13 Block 13, Lot 37 62263880005 2361/091 3 $6 ,169.52 Naples Manor Lakes, 11/04/97 01/03/99 01103/14 Block 13 , Lot 40 62264000004 2361/0925 $6,169.52 Total $67,864 .72 16.D.1.b Packet Pg. 527 Attachment: IHfH -Release of Lien Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.e Packet Pg. 528 Attachment: Immok HfH-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.e Packet Pg. 529 Attachment: Immok HfH-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.e Packet Pg. 530 Attachment: Immok HfH-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.e Packet Pg. 531 Attachment: Immok HfH-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.e Packet Pg. 532 Attachment: Immok HfH-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.e Packet Pg. 533 Attachment: Immok HfH-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.e Packet Pg. 534 Attachment: Immok HfH-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.e Packet Pg. 535 Attachment: Immok HfH-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.e Packet Pg. 536 Attachment: Immok HfH-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.e Packet Pg. 537 Attachment: Immok HfH-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.e Packet Pg. 538 Attachment: Immok HfH-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 539 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 540 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 2407/2006 16.D.1.f Packet Pg. 541 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 542 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 543 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 544 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 545 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 546 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 547 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 548 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 549 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 550 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 551 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 552 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 553 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 554 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 555 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 556 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 557 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 16.D.1.f Packet Pg. 558 Attachment: HfH of CC-Homestead Verification Naples Manor Lakes (3777 : SHIP Impact Fee Release of Lien-Naples Manor Lakes 31 Units) 0 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of impact Fees entered into this day of 64,04,,4,' 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as,,.anw d, the Collier County Parks and Recreational Facilities Impact Fee Ordinance;,,(": County Emergency Medical Service r No. 92-22, as amended, the Cofiie! Ordinance No. 92-33, as amendod, t Ordinance, as they may be furth�r ar as "Impact Fee Ordinance", p unit qualifying as affordable houiino WHEREAS, OWNER has 91-71, as amended, the Collier I , Sy t m Impact Fee Or innc�e; Collier County Ordinance Colin Rodd Impact FeeyOrdinance; and Collier County he o lies C, Id c�ional Facilities System Impact Fee ended ibm'C rti .to tithe h tt `,nafter collectively referred to k s A for waivers of mpaet fN"Jees view owner -occupied dwelling fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and 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 - o_wl we N O r O O WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97- � . at its regular meeting of . w f p? 1997; 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") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance*w i the ,stapndards set forth in the appendices to the Impact Fee Ordinance for a period 'teen -(15) years of occupancy is issued for the,6w I Uni 4. REPRESENTATIONS AND 'LARK NTI n following: : E a. The I lin `Clnitshall b "fid i definedA.' i ,the appendices to h monthly y . to purchase affordable housltrtt i"lltnlis_� Fee Ordinance; from the date the certificate . OWNER- represents and warrants the to at�6seb(o1 i with a very low income as =*e Am�ct °=Fee Ordinance and his/her N thw+elling Unit shall be within the tablished in the appendices to the Impact �o b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; wet �y be foreclosed upon in the event of htI F", I) r. non-compliance with the requireme tsottiis Agreement , e; 8. RELEASE OF Lft , --Upon satisfacto completion of the Agreement _r. If 71 ,3 wmm. `k requirements and fifteen (IS) years After t dal e ss �e _;� they a ertificate of occupancy, or , upon payment of the waivedimpact . im act feesa the C x al", at the expense of the COUNTY, o J, .� record any necessary docume twi6i evidencing the ermidp roti''the lien, including, but not V LAX limited to, a release of lien a 9. BINDING EFFE. AgreementN�Ir���°binding upon the parties to this tis Agreement and their respective heirs, grce pe per,rtal der erttatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for env the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or parity with the lien of any such Agreement and the default i4 not c 11"Board may bring a civil action tb,,,,Am or otherwise enforced by he '0 1 ' ' 1i" mortgage on real property to the COUNTY. The fees, incurred by the Board in taxes. remedy is cumu be entitled to judgments calculated on a calendar day tJ lien for County taxes and shall be on OWNER be in default of this notice to OWNER, the itio, , the lien may be foreclosed as for the foreclosure of a right or remedy available costs, including attorneys interest at the statutory rate for IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name rwr►c �?, x �Pnnt Name OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. y;- C- Charles C. Smith, Viic P*sident - 4 - r DATED: ATTEST: DM W1#H % QCK, Clerk r � g,cy�y� ApOdveo ITn and legal sufficiency i �, Heidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing ins by Charles C. Smith, Vi to me. [NOTARIAL SEAL] BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:_ Timothy L. cock, Chairman �tti rr ,.ems ..� Lwas owledved before ihe .,& day of ` , 1997, vanity, Inc. H ly known Si ure of Person Taking Ackno&Ic i nt a� : � � ver Name 6f,�owlcdgcr TypP��htod or Stamped .ns jd/gm/c/naples manor lakes/agree JOANNE DALBEY NOTARY PUBLIC STATE OF RDI COMMISSION NO. C-076465 — 5 — Ck k-+ ■XHIB T "A" LEGAL DESCRIPTION LOT 18 OF BLOCK 7 NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK i AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. \ ; \ , . � \\ :\< \/ ( ; - 6 - � � AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this day of «q 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; County Emergency Medical Seri' No. 92-22, as amended, the Col Ordinance No. 92-33, as amen Ordinance, as they may be �fu" thb as "Impact Fee Ordinance", P,�i unit qualifying as affordable h WHEREAS, OWNER has ......�,. µ"tet ees System Impact Fee iei,"County Road l a the Cpll r Ci�YF orCt e to le for waivers of i�c� No. 91-71, as amended, the Collier Collier County Ordinance ; and Collier County lities System Impact Fee collectively referred to owner -occupied dwelling fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and 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 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97- 3,2�, at its regular meeting of a?_, 1997; 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") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in Impact Fee Ordinance for a per of occupancy is issued for the/t 4. REPRESENTAT(O d following: a. The D (15) years iS MA11[Q W I It � ? Y inx Unit shall be defined \, 1ae appendices to monthly payfn affordable how. Fee Ordinance; set forth in the appendices to the from the date the certificate ER",xeoresents and warrants the E V .n O a housel4 with a very low income as ?d lmpact.,Fee Ordinance and his/her w ie�AD w',,Il'ng Unit shall be within the era ilished in the appendices to the Impact .rs The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, 2 - OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER, If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (1 S) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement, ° htckiiet'� Abe, foreclosed upon in the event of Agreement`:, non-compliance with the requiricnnits of this 8. RELEASE OF Il) MUpon satisfactory completion of the Agreement requirements and fifteen (f5)i i 1ta�c "­Tth" certificate of occupancy, or upon payment of the waiveOrn,„,f s; the C > NTY` h ill, t tie expense of the COUNTY, record any necessary docui Cation evidencing tt i f the lien, including, but not p limited to, a release of lien. 9. BINDING EFFEC TtIt gree nt fie binding upon the parties to this bomb Agreement and their respective heirs, personal-- resentatives, 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 o0 the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, orothere�cehe lien for County taxes and shall be on _'h OWNER be in default of this parity with the lien of any sect unty taxes. Sld""t Agreement and the default als not cured �wilhinn (30) days aer written notice to OWNER, the t Board may bring a civil action ig-vo�rce i I ag ent: Ing itian, the lien may be foreclosed ^ z , or otherwise enforced by the O.1N��Y byl act ` s�t In e juity as for the foreclosure of a p .. µ,... mortgage on real property \tis remedy is cumulate with arit er right or remedy available ,.. T, \ o ?CAJ to the COUNTY. The Board,,I* be entitled to recav r' I, nd costs, including attorneys N fees, incurred by the Board in f rc-14'3his agreente tt; us interest at the statutory rate for e� judgments calculated on a calendar day Iasi un1'paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name 'nt Name OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. - 4 - DATED: ATTEST: -DWIGldM WOCK, Clerk a r� 4L Aoppvliency #s#4M and legal su Heidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing by Charles C. Smith, to me. [NOTARIAL SEAL] jd VWc n&ples manor lakes/agree BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA imothy L ock, Chairman NOTARY PLIPLICS"CAW OF FTXV Ct>4l1dIS O NO. CC3-F4f5 biY CQ'%fN RS1ON EXP. XIAY 30A - 5 - 1e., day of > 1997, nanity, Inc. We is peAonally known or Stamped rf CAP N IXHI 1 "A" LEGAL DESCRIPTION LOT 19 OF BOCK 7 NAPES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK \ AT PAGE 8,OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. \ ; \ , . � \\ .\< � � \ 91, 11 « \/ ( ; }� � AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this4LA*day of _�s�•c 1997, by and A between the Board of County Commissioners of Collier County, Florida, hereinafter referred to !O -J 90 fr •• o as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." 0 a+ WITNESSET11: r eo WHEREAS, Collier County Ordinance No. 90-86, us amended, the Collier County A Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Itnpaci: Fee Ordinance; Collier County z 1,21 Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; .4 d a � r%J1 , ovu Collier County Ordinance No. 88-96, as atiended,-the Collier County Parks and Recreational " o ,41 .. Facilities Impact Fee Ordinance, Ceolrouttty Ott�tel+a• 91-71, as amended, the Collier o &nan\ce; County Emergency Medical Service stem Impact Fee Or Collier County Ordinance ..o No. 92-22, as amended, the tollter " Ro d Impact Fee Or nance; and Collier County o o c7N a F � j Ordinance No. 92-33, as amended, he\ol ^ie C'o4n ii c`tt on .1 Facilities System Impact Fee a M x h Ordinance, they be furtherainende to tic1r)0nittler collectively referred to 0 0 as may as "Impact Fee Ordinance", pro for waivers of imp fVee f fiew owner -occupied dwelling ;r co c�.a unit qualifying as affordable hou1s�,"Ao WHEREAS, OWNER has appiieii.:dravur,'bfimf-act fees as required by the Impact .. Fee Ordinance, a copy of said application being on tile in the office of Housing and Urban Improvement; and �. WHEREAS, the County Manager or his designee has reviewed the OWNER's application 00 and has found that it complies with the requirements for an xTordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - : WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97- Y/ Z at its regular meeting of �"'"`-� , 1997; and WHEREAS, the Impact Fee Ordinance requires thzkt the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordy$y rt­Stataards iet forth in the appendices to the Impact Fee Ordinance for a pert cf fifteen (15) years°cotiln acing from the date the certificate of occupancy is issued for th`e D+efting1i. 4. REPRESENTATION& - 'I 'OA- " 0,, Nil Nil represents and warrants the ,ND following: a. The"I$'lung Unit shall be s2 i to ho t.�old with a very low income as P define ',o,,the appendices Fee Ordinance and his/her rn monthly ,mento puriaasxf7welling Unit shall be within the 0 -0, r -, affordable hous'4,&rdeltnes est, lis ed in the appendices to the Impact c 00 Fee Ordinance; v' b. The Dwelling Unit shall be sold to a first. -time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5, SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shalt be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. G. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the dae the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; ,witty ri,Q}} ;foreclosed upon in the event of non-compliance with the requirement -61this Agreement:,-' 8. RELEASE ()IFL(E1 y l bion let [on of the Agreement requirements and fifteen (1 ) yearstfrthdatit 90,1k the cert►t►cate of occupancy, or 5 t Y t � upon payment of the waives act fes, �U i�°TY a 1, atjho expense of the COUNTY, record any necessary docun�epr*ion evidencing the"ktk ►rjrtion �f the lien, including, but not 'Vzl. .,.',,.. limited to, a release of lien. � 9. BINDING EFFEC aims agreement sa binding upon the parties to this Agreement and their respective heirs personal -representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or parity with the lien of any such Agreement and the default i not"'e 7 111 Board may bring a civil action t`Q'ext d or otherwise enforced by the �OJ] �goptd,"0t„e lien, for County taxes and shall be on ty� taxes. 5houid tk OWNER be in default of this atter written notice to OWNER, the t addition, the lien may be foreclosed in e44kty as for the foreclosure of a mortgage on real propertv Tb remedy is cumulat - J�v;5 with an;v tier right or remedy available to the COUNTY. The Board ,alf be entitled to recover»,411 (e`t and costs, including attorneys fees, incurred by e the Board in stn ee�er f; agr iltis interest at the statutory rate for calculated on a calendar da basis-untlM atd . judgments y p 'l` IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: P nt Name 1ltyo, r,, i e e i nt Name OWNERS: 1MMOKALEE HABITAT FOR HUMANITY, INC. B - 4 - 16, _. Charles C. SrpOAh, u c x e` C Q C c CX U C3 DAJA : sr,.....t..{.: yi /PP7 "WIM E.13 t�K, Clerk d/ P, 'g \° Approved as tb•i`orm and legal sufficiency A Heidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instn by Charles C. Smith, Vice to me. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: rr F Timothy L/1"lancock, Chairman e" a''►cknowledged before me^ 1i nt o 1mmokalee Cat at for h day of -P - , 1997, Inc. He is personally known jd/gm/c/naples manor lakesiagree - 5 - 4� NOTARIAL SEAL to of Person Takin A kn0 t g 9 ?� „. , s Name ofc wledger Typed, Pr�c Stamped ' >, R: _ o . .` .. .. j: ,.at�.) �"�i�)� :, ' •t Ste° 477A11 00 P'MjkRY 1^!111 2C 6. jd/gm/c/naples manor lakesiagree - 5 - EXHIBIT "A" LEGAL DESCRIPTION LOT 25 OF BLOCK 10, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. N W Qr AGREEMENT FOR WAIVER OF COLLIER COIUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this i arday of J,s- 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, a.i amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as , the Collier County Parks and Recreational Facilities Impact Fee Ordinance; County Emergency Medical S,6n I No. 92-22, as amended, 4' Col Ordinance No. 92-33, as amend 'a Ordinance, as they may be urt' he as "Impact Fee Ordinance", p unit qualifying as affordable ho WHEREAS, OWNER has 91-71, as amended, the Collier 9 System Impact Fee Of iriarice; Collier County Ordinance 6uty Road impact Fe Ordinance; and Collier County hojlierciilu�ori<al Facilities System Impact Fee Y AEk 0 3 xk a t b nd m�ti ,e to tAi-11phere"inafter collectively referred to for waivers of im*t tr es I`e riew owner -occupied dwelling I aid w A� i�ed� wry afn�pact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and 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 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97 -__NI f at its regular meeting of `dv•yG-w' 1997-, 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") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit :hall remain as affordable housing and shall be offered for sale inaccor¢an t e,)gaaards set forth in the appendices to the Impact Fee Ordinance for a perto¢fteen (15) year.icing from the date the certificate of occupancy is issued for the Dw�lfrrgety s .a. 4. REPRESENTATION„,S•mt� D..rr $tl�NTft ' lEf represents and warrants the following: a. b C. d. e The Or e1,lini; Unit shall be sod¢ to a define lip -'the appendices Id with a very low income as Fee Ordinance and his/her monthly P,&- s-uo purchac he ) veiling Unit shall be within the affordable houstng4td(le iz s tstablished in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer, The Dwelling Unit shall be the homestead of owner, The Dwelling Unit shall remain as affordable housing for titleen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of th,: Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, G OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling; Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; t* 6n(,- foreclosed upon in the event of non-compliance with the requirertr;;fofthis Agreement. e= 8. RELEASE requirements and fifteen (1 upon payment of the wai, record any necessary doc limited to, a release of lien 9. BINDING �at� on evidencing the Agreement and their respective heirs, toryor' letion of the Agreement ificate of occupancy, or 11, at dreg expense of the COUNTY, o ' f/the lien, including, but not binding upon the parties to this lies, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - ... ... qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall :)e paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of tht.- certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or parity with the lien of any suph" Agreement and the default is'not�c Board may bring a civil action to en s g r fit or otherwise enforced by the mortgage on real property. to the COUNTY. The fees, incurred by the Board in taxes 30) remedy is cumulat judgments calculated on a calendar day entitled to lien for County taxes and shall be on OWNER be in default of this ys after written notice to OWNER, the _14 d,t itio4, the lien may be foreclosed u tutoW as for the foreclosure of a with anyt'er right or remedy available 5..al1 feei..4nd costs, including attorneys fit, p t9 interest at the statutory rate for IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ntName Ca A. rint Name 1,►,,,, �_ ��, i OWNERS: 1MMOKALEE HABITAT FOR HUMANITY, INC. BY: tarles C. tnith ice Pr &dent 1 - 4 - DATED: `i rtt•.••l.� , 1,P97 ATTEST: D*16 @/BROCK, Clerk Q � l 'AVV � V�b' form and legal sufficiency d Illeidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instn by Charles C. Smith, Vice to me. [NOTARIAL SEAL] Si�fi Names s G o jd/gri /c/naples manor lakes/agree BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ' � A Timothy L. anco&, Chairman 14, rr ON e.. 4s.. kjjpwledged before ni ,, deItnmokale habitat fo day of , 1997, nanity, Inc. He is personally known 'ersori t "in ckr d ent ! N a,0 Typed, eO,°or Stamped +. :71.1ri 'V .\ 0. MY C 5IOy EXP. 5 EXHIBIT "A" LEGAL DESCRIPTION LOT 26 OF BLOCK 10, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS Oh COLLIER COUNTY FLORIDA. " ON w cll-� . .' C�. M lk 1� - .ns — 6 — AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisS/,_rxday of1997, by and a 3 M a between the Board of County Commissioners of Collier County, Florida, hereinafler referred to o as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." o �. WITNESSETI-1: r 0 0 WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County '° Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as ;a amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County v� d Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; a Collier County Ordinance No. 88-96, as a e�e ,a th w e tVollier County Parks and Recreational �. Facilities Impact Fee Ordinance, el, fi ,r.County Ordtntrh 91-71, as amended, the Collier County Emergency Medical Services, -S stt-n Im t Fee Ord' ,.an Collier County Ordinance �v o .aw..c No. 92-22, as amended, the Co Iter qurtt Roa -Imp rdinance; and Collier CountyC2 R Q11e 92-33, he Collier Cplnt d�at" i�n4l Facilities System Impact Fee V10 Ordinance No. as amended, Ordinance, as they may be fur' eiz amended from timd,to time heret Oler collectively referred to a co k as "Impact Fee Ordinance", pro.. dor waivers of imp& f es f r ees owner -occupied dwelling cs+ unit qualifying as affordable housig WHEREAS, OWNER has applied it a -Ur f` mipact fees as required by the ImpactCb Fee Ordinance, a copy of said application being on file in the office of Housing and Urban `° Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application o 0 and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impzct fees for OWNER embodied in Resolution No. 97-�//9 _ at its regular meeting ofo �«- t _ , 1997; 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") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance wil standards set forth in the appendices to the ;:X Impact Fee Ordinance for period,of, en i5 ears ' P P ) Y e1rting from the date the certificate of occupancy is issued for the Dwel ti g UniLM4 4. REPRESENTATt AND VVARR ITIE OWN Represents and warrants the following: ... ahi a. The D lltng tlntt sh ft"be sold, o a�W'iusehdl xwith a very low income as \ J defined t e appendices to t 10 161V40, dee Ordinance and his/her monthly p rte to purchase jbte" W ling Unit shall be within the affordable housing- in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-ume home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - 0 N 6-J OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance, 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; vhi-is t ay be fireclosed upon in the event of ex non-compliance with the requirem�* ,,,'of Agree meii ; 8. RELEASE QEN­1pon satisfacto mpletion of the Agreement requirements and fifteen (15) year ler the da ,of is c� c�f t hecertificate of occupancy, or �, " h upon payment of the waived Itop ct f�esl the C�l�` TY �h 1, t the expense of the COUNTY, gym.a record any necessary docuntidn'lation evidencing the, term pati the lien, including, but not a .. limited to, a release of lien c. cam. 9. BINDING EFFT.� This Agreememsltb binding upon the parties to this ..� 'C' s u.ns.t Agreement and their respective heirs, pertna�resntatives, successors and assigns. In the C CX case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for a the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the lmpact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year p.-riod or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or parity with the lien of any Agreement and the default is Board may bring a civil action a or otherwise enforced by tht mortgage on real property. 'this, to the COUNTY. The Board-ba� fees, incurred by the Board in ei P.. ouoty taxes. sttou qured--w:it�in (30) day ,�tforc�e t r nen c UNTNI' b a�chb � c�4 su 'h µ emedy is cumulativ w 1'be entitled to recover judgments calculated on a calendar day lien for County taxes and shall be on ER be in default of this notice to OWNER, the anon the lien may be foreclosed itK1)n k(Iity s for the foreclosure of a itwan) A, q right or remedy available ,4111 fis and costs, including attorneys "interest at the statutory rate for IN WITNESS WHEREOF, the parties have exec ited this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ,Print Name ' rint Name ✓-�.,.� / �, �� l OWNERS: IMMOKALEE HABITAT FOR HUMANITN', INC. BY' C arles (. SI , Vie President > - 4 - 0 e� 0 CID CYN CID • DATED: ATTESTt;',) DV►IG'HT E. BRO' 6K, Clerk Approved a o form and legal sufficiency eidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instn by Charles C. Smith, Vice to me. [NOTARIAL SEAL] Si Name r C • jd/gmlclnaples manor takes/agree BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Timothy ancock, Chairman =v . ,N was acknowledaed before tae Person Ta 166,' Ack ,. ,,npwledger Typed,, ..�.. -ate-- i - 5 - day of, 1997, panity, Inc. He is personally known or Stamped EXHIBIT "A" LEGAL DESCRIPTION LOT 27 OF BLOCK 10, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - 1 ' ?.40,fW z a � ss Q - 6 - J AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thir&r ay of�` 1997, by and between the Board of County Commissioners of Collier County, Florida, `hereinafter referred to 8"A"01 " ::,26� as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." 3 WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County g Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County eC N 2 Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; eN Collier County Ordinance No. 88 96, ass amen, the Collier County Parks and Recreational ^ N a Facilities Impact Fee Ordinance s County OTdua ie" -No 91-71, as amended, the Collier County Emergency Medical ervjces.Syst� m Impact Fee in ice; Collier County Ordinance • • No. 92-22, as amended, the Gollr Co"'ity R ad I act Fep Odinance; and Collier County e Ordinance No. 92-33, as amended, the Colli ero)�u ttainal Facilities System Impact Fee $VV µ,. Ordinance, as they may ',*her amen�e� from �i"t e to t��i� �mafter collectively referred to .. r -- as "Impact Fee Ordinance', r v e for waivers of �r�et'feolic', new owner -occupied dwelling J ' unit qualifying as affordable ho fr dad R P WHEREAS, OWNER has apolifr �iyf impact fees as required by the Impact -d Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application O O and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97- at its regular meeting of , 1997; and WHEREAS, the Impact Fee Ordinance r ires 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") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accoradat rt the- standards set forth in the appendices to the Impact Fee Ordinance for a penod#'ifteen (15) yeariitncing from the date the certificate 71 of occupancy is issued for the Dwelling UnitJut Jma, 4. REPRESENTATIpNS;A,ND � represents and warrants the following: E a. The ling Unit shall be std to ho��ild with a very low income as defin .' the appendices to' Elie Imp t Fee Ordinance and his/her monthle purehase x tkiwelling Unit shall be within the Y ?* Tse,,, ns affordable housing gitideltnes eitablished in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement,wht�rra`a, be foreclosed upon in the event of x , non-compliance with the requirpra of this Agreeme t e , 8. RELEASE OF LIEN. ---Upon satisfacto completion of the Agreement J, X requirements and fifteen ( 5) ye the dart„of..�s ua�c f the certificate of occupancy, or upon payment of the wai�,ed 66pact the h i1, at the expense of the COUNTY, e record any necessary doc te�ation evtdencing the term natt the lien, including, but not RV c. limited to, a release of lien 9. BINDING EFF t� I hi , Agreement,- b binding upon the parties to this Agreement and their respective heirs,pe�resentatives, successors and assigns. In the .- cX case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (1S) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or parity with the lien of any sm h ! Agreement and the defaultlsv nP € Board may bring a civil action tp- q a s + 4 3� C or otherwise enforced by Ithe POtj taxes. mortgage on real property. ,`TI remedy is c lien for County taxes and shall be on OWNER be in default of this en notice to OWNER, the the lien may be foreclosed as for the foreclosure of a r right or remedy available to the COUNTY. The Boarcfi , abe entitled to recdv i0f' a and costs, including attorneys fees, incurred by the Board in�fcrei agreetrtetlts interest at the statutory rate for judgments calculated on a calendar day hsimtil--paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name nt Named n 3c�1 OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. BY:I ,'� e Charles C. Smitb, Vice Presiderq =1= M Co. DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT 6 ONCK, Clerk Timothy OaKcock, Chairman AppWyedcl ,t?,fbai, and legal suffieirency Heidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instru by Charles C. Smith, Vice to me. for day of , 1997, Inc.is rally known [NOTARIAL SEAL] Sigi i of Person Taking ekno l frit Name ofAkkwledger Typed r fir Stamped .. I�ai.iiF'( EJGAti`r OAXY 111I.1c yi,k-n! Cil' 11[1RlUA CO�i+ALiG:t!`J F;;Y, MAY 3p 1$99 co ca eftb j ftWc/naples manor lakWagree - 5 - EXHIBIT "A" LEGAL DESCRIPTION LOT 16 OF BLOCK 12, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. '� aA `�E•"a' a _� AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this�60day of its, _ 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and lmmokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier Countv Regional Water System Impact Fee Ordinance; Collier County Ordinance No, 90-87, as amended, the Collier County Regional Sewer System Impac!: Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance, Collier County Ordinance No. 88-96, Facilities Impact Fee Ord County Emergency Medical No. 92-22, as amended, t� Ordinance No. 92-33, as air. Ordinance, as they may beef as "Impact Fee Ordinance"_ unit qualifying as affordable Ilier Co WHEREAS, OWNER has Collier County Parks and Recreational Impact Fee for waivers of i IM 91-71, as amended, the Collier Collier County Ordinance e; and Collier County tal Facilities System Impact Fee i collectively referred to new owner -occupied dwelling �f impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affo-dable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHI REAS, the C'OUN'TY approved a waiver of impact fees for OWNER embodied in Resolution No. 97- 5Q/ at its regular meeting of _7�o-�s.... 1� 1997; 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") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in ac.corda�t 1 dards set forth in the appendices to the Impact Fee Ordinance for a pen-, (15) yeaii�, c, to iIC ing from the date the certificate of occupancy is issued for the Diel ng nit .. ,f= 4. REPRESENTATION N represents and warrants the following:_,41 � E o a. Thev y lling Unit shall be sold to a hoos6old with a very low income as define ,��the appendices to" ► tnlaact Fee Ordinance and his/her 4214 monthly % lents-to purchase$ tf Dwelling Unit shall be within the G7 affordable housing sgiti established in the appendices to the Impact c Fee Ordinance; « b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homesteud 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 OWNER is the owner of record of the- Dwelling Unit and owes impact C. fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Uni,: shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement��i�i��ien��� .ems foreclosed upon in the event of non-compliance with the requircment., of this Agreement. 8. RELEASE OF U )✓�i, � 1pon '°_sal s1actory ompletion of the Agreement requirements and fifteen (15) y4fir at r tt"at;Vff, � >f"Ithe certificate of occupancy, or upon payment of the waived )*c.f C?ITY shall�` , at expense of the COUNTY, 4 I 0 record any necessary doeumitton evidencing the tiltnuttQ the lien, including, but not r r. .. limited to, a release of lien A w 9. BINDING EFFECT e binding upon the parties to this Agreement and their respective heirs, personalTM representatives, successors and assigns. In the 0 case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for ago the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year pe,-iod or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the of vive date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or icet)t t lien for County taxes and shall be on parity with the lien of any sthunty taxes. ShoulheOWNER be in default of this Agreement and the default tis not c'`ewifhm"°(34}smays a,- written notice to OWNER, the s� Board may bring a civil acpon io e41 ice the", efif,, l��ddithe lien may be foreclosed or otherwise enforced by NT t it nor suit t0 Cqd4ly as for the foreclosure of a mortgage on real property. iremedy is cumulaU�.with a0yti>:her right or remedy available to the COUNTY. The Board 4401E be entitled to recover"gall fek,s and costs, including attorneys N fees, incurred by Board in interest ,Q the enfoctn*tfs agt edt.',pfus at the statutory rate for w judgments calculated on a calendar day basis until paid. co IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver o of Impact Fees on the date and year first above written. Witnesses: nt Name r rint Name - OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. B x: '--fi�r l Charles C'. Sm , Vy e Pr 'dent - 4 - DATED:��-W.w..Gwti y 4997 ATT$S f- DWIOHT E. BROCK, Clerk jo tea, •�� • ... tst���,,-. Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instn by Charles C. Smith, Vice to me. [NOTARIAL SEAL] Name '. p c s jd/gm/c/naples manor lakes/agree BOARD OF COUNTY COMMISSIONERS COLLIER. COUNTY, FLORIDA By:�ll�.J- -_ Timothy ancock, Chairman O sknowledged before n dentmokalee IfAitat for _ day 1997, ty, Inc. He is personally known g g o Person Taking�cktiowlent w iawledger Typed,nPt "or Stamped A,, O� o0 :MyCONI ML" 444 LN,F VAY."w• - 5 - EXHIBIT "A" LEGAL DESCRIPTION LOT 3OFBLOCK !% NAPLES MANOR LAK[% ACCORDING TO THE PLAT BOOK THEREOF, ASRECORDED I PLAT BOOK & AT PAGE B4OFTHE PUBLIC RECORDS OFCOLLIEK COUNTY FLORIDA. \ ; \ , . � \\ .\< � � \ \/ ( ; - 6 - }� AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this ay of 1e _ 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter reienfed to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance, Collier County Ordinance No. Facilities Impact Fee Ordinanc County Emergency Medicals/St No. 92-22, as amended, the C df 5 Ordinance No. 92-33, as met Ordinance, as they may be\fuit 1, ,. as "Impact Fee Ordinance", unit qualifying as affordable he 6 (I the Collie- County Parks and Recreational ller County Ofd O' A't No. 91-71, as amended, the Collier s steam Impact Fee dinatice; Collier County Ordinance Jma. �Cou y ] A Fact F O dinance; and Collier County h ('hllter od j� Equc tid I f acilities System Impact Fee h ;x , nendeafrom ttte to tame ;;tnafter collectively referred to for waivers of ew owner -occupied dwelling WHEREAS, OWNER has app RAN i,erof impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and 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 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97-'� at its regular meeting ofc�'`�`---�---' 1997; 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") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in aced�i�tae �a�r s set forth in the appendices to the Nct !a N.; Impact Fee Ordinance for a peri8d. f fifteen (1S) years cots txl n ing from the date the certificate of occupancy is issued for the Dwell��g�it �� 41 R 4. REPRESENTATIOSARR I1E1 represents and warrants the ._ b following: m� �µ� � .Sn a. The D "Siang Unit shall be sol&lto a'housefi-oid with a very low income as defined l l� appendices to the �A Fee Ordinance and his/her monthly pay �iricntsAtia ptr4r� �'D'welling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, 7. LIEN. The waived impact fees shall be a lien upon the Dwelling; Unit on the effective date of this Agreement,w�iitvt�i i� foreclosed upon in the event of non-compliance with the requirgme44,46this Agreement:'- , 8. RELEASE QF LIEN Upon .w.sat sf�ctorycompletion of the Agreement requirements and fifteen (1 ) y � t t dgteoo ez the certificate of occupancy, or upon payment of the waw�at fes, h �U�`Y �hal�th expense of the COUNTY, o .�� record any necessary documentation evidencing the" rmination'--bf the hen, including, but not limited to, a release of lien. a' ° 9. BINDING EFFECTSi`htsgreaaenC srebinding upon the parties to this "d 3ry � Agreement and their respective heirs personal rept 6e ntatives, successors and assigns. In the ,o case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, oro mei off►, parity with the lien of any su h �otinty taxes. S(ih Agreement and the default; is not trecl`withitnw..(3U}.asiays Board may bring a civil action to rte is a 9, I he or otherwise enforced byIt e oUI111 Yob a tot"or star u,. µ,... . ,. mortgage on real property ,` h s remedy is cumulafAAye wi to the COUNTY. The Boar X41 be entitled to recover forci °' �greertt nt fees, incurred by the Board iithis -1J judgments calculated on a calendar day baas•untrhpaid. lien for County taxes and shall be on OWNER be in default of this notice to OWNER, the ition, the lien may be foreclosed as for the foreclosure of a right or remedy available and costs, including attorneys s interest at the statutory rate for IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: 'nt Name Lie►,���« i < � r z OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. 1-__ 2' % 1, Charles C. Smith, VjCe Presi t - 4 - DATED: %j vim''•+ -y ���� ATTEST:,., L DWIG"T E. BROM Clerk Approved as -to �'fotm and legal sufficiency eidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instn by Charles C. Smith, Vice to me. [NOTARIAL. SEAL] Si Name o BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: /� -i, - Timothy I/Hancock, Chairman i of Person Taking ON for Humi r�m'r=� { �ledj day of , 1997, Inc. He is personally known Stamped -A. !)A, k£Y • i,KF:.;tl' i'!-N`.l:_ ST'pi'F' I:I fi,[�l `���N F.F. MAl'3cl,id jd/gm/c/naples manor lakes/agree - 5 - 0 N W C>11 b O CID to EXHIBIT "A" LEGAL DESCRIPTION LOT 17 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT B()OK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. d +e S� 7� �l • 3 h 1� - 6 - AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES 'This Agreement for the Waiver of lmpact Fees entered into this -i day of . ,,, x,1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to N O as "COUNTY" and Immokalee Habitat for Humanity, lnc., hereinafter referred to as "OWNER." o :" ei WITNESS F III: CaY WHEREAS, Collier County Ordinance No. 90-80, as amended, the Collier County r 0 Regional Water System Impact Fee Ordinance; Collier County Ordinance No, 90-87, as M amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as Facilities Impact Fee Ordinance; County Emergency Medical No. 92-22, as amended, tht Ordinance No. 92-33, as am Ordinance, as they may be f as "Impact Fee Ordinance", unit qualifying as affordable WHEREAS, OWNER has Collier County Parks and Recreational ees, System Impact Fee O icrouy Rd Impt►ct F �he�olii f 6o6rik" j))d� c• t aitei di ot» rni to t itt -c- for waivers of iniN44, f 91-71, as amended, the Collier cc, Collier County Ordinance himance, and Collier County r I Facilities System Impact Fee 3 L i fler collectively referred to ,tai w owner -occupied dwelling t fees as required by the Impact Fee Ordinance, a copy of said application being on the in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements ti)r an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied ir. Resolution No. 97- at its regular meeting of _ 1997; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into all Agreement with the COUNTY. NOW, THEREFORE, in consideration of the loregoing recitals, the parties cuvinant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shat. be incorporated by reference herein. 2. LEGA!_ DESCRIPTION. The legal description of the dwelling unit (the "Dwellin,; Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling l'nit shall remain as affordable housing i i accordance with the standards set k r , � 01 r41 s to the Impact Fee Ordinance for r period of fifteen (15) years corn, iett ng from the dated � «� �icate of occupancy is issued fcr the Dwelling Unit. ts th 4. R E P R E S E N T A lO IS'd i<fD R . k0W%, E1� represents and warran following: a. The ng Unit shall be solk to a liouse6fd with a very low income as "r c. defined �, qyr -tthe appendices to tl" In p` ct' Fee Ordinance and hisihc r monthly pa 1" velhng Unit shall be within th-: affordable housing g4 rhnes established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (1 5 ) years from the date the certificate of occupancy is issued for the Dwelling Unit; and C. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of 56,169.52 pursuant to the Impact Fee Ordinance. In return for the �%aiver 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 Fe,.- Ordinance. e,:Ordinance. 5. SUBSEQUENT 'TRANSFER. If OWNFR sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. Hie Dwelling Unit must he utilized for affordable housing for a fifteen (15) year period atter the date the certificate of occupancy i; issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUN IN. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on th;- effective date of this Agreement; wtc7r) be foreclosed upon in the event of non-compliance with the 8. RELEASE requirements and fifteen ( I upon payment of the wai record any necessary doc limited to, a release of lien 9. BINDING EFF 1. Agreenurri , satisfi spat fees (hel CO 1 [tion evidencing the Agreement and their respective heirs, orycortpletion of the Agreement e,..o��the`,,certificate of occupancy, or z a the' expense of the COUNTY, 1114Uor( the lien, including, but no.. inding upon the parties to this .tines, successors and assigns. In tho 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 it, the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense o' OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to with the affordable housing standards and qualification criteria established in the Impac. - 3 - Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen (15) days after notice of % iolation, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER %%ithin thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing un the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be ora parity with the lien of any such County fades )toytld the OWNER he in default of this Agreement and the default is not,*, ­1,W__1_, -Wit in (3U) d� written notice to OWNER, the Board may bring a civil action,'to enl ,)m -,e --this agreetncnt. In Aidition, the lien may be foreclosed 'q s tIr a utt t or otherwise enforced by the C(�U1�a��' ��� � �� y� as for the foreclosure of a mortgage on real property. IThi °(iremedy i coma at�� �����fly Other right or remedy available to the COUNTY. The Boar shall'be entitled to res er aFP fees�Ud costs, including attomeys fees, incurred by the Board rid } forcing this agreentdri Talus :*rest at the statutory rate for judgments calculated on a calender basis until pard w* IN WITNESS WHERE,�executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name_ i ,Print Name_,,*,,,t 0WNFRS: 1MMOKALEE HABITAT FOR HUMANITY, INC BY - Charles C. Smith is President - 4 - OR: 2284 PG: 2227 DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Timothy , ancock, Chairman Approved as to form and legal sufficiency - Lk& , HI f i L Heidi F. Ashton Assistant County Attorney k 14", STATE OF Florida ) COUNTY OF Collier ) -51 The foregoing instrumentova ano�.bc fir m,4 hL's day of , 199 by Charles C. Smith, Vice Presidont,'oi�in�ol al e� i di�fon Humanity Inc. He is personally mown to me. I E t r= [NOTARIAL SEAL] Signa Person Taking Ad"', ecce Name of Acknow '* T 0`0$ ' - nt;ed r Stamped jd/gm/*/napies manor lakes,'agree NUT AV, :'l — 5 — *** OR: 2284 PG: 2 228 *** EXHIBIT "A" LEGAL. DESCRIPTION LOT29 OF BLO('K 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLA"C BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisygxiay of � 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter reterred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. Facilities Impact Fee Ordinanc County Emergency Medica4'St No. 92-22, as amended, the Ordinance No. 92-33, as iimei � 3'4 Ordinance, as they may bid fir' as Impact Fee Ordinance"; w Collier County Parks and Recreational Impact Fee o. 91-71, as amended, the Collier e; Collier County Ordinance inance; and Collier County Facilities System Impact Fee µ...W„ from time to►me;;`tieinafter collectively referred to >, for waivers of tttt"aqt f new owner -occupied dwelling unit qualifying as affordable ho ri a $ y v WHEREAS, OWNER has appiii' of impact fees as required by the Impact Fee Ordinance, a copy of said application being on tile in the oftirc of Il0usu1_; Mid Ul-b:ul Improvcmcnt; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the impact Fee Ordinance; and 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 - b � N �r C2. In O O WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97-y?� at its regular meeting of �% e -z '``'ii �/ , 1997; 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") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in acc9Iatcw� cs set forth in the appendices to the ON FMab4b i Impact Fee Ordinance for a peri,6d o�t"°fifteen (15) years comb cirg from the date the certificate of occupancy is issued for ft"Dw61liUnit 4. REPRESENTA'T'IONS MNI?*A 'R0T,1R�� � ERY,represents and warrants the q, following: a. The D�Tiig Unit shall be sole a houei id with a very low income as defined ` to appendices to the ftn�p4t t Fee Ordinance and his/her 'u.ell, a , Fp monthly payments �X9 �u�� �� 'Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact tree Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period atter the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement, wFbe foreclosed upon in the event of r non-compliance with the requ►rerrie�'s of this AgreemeE 8. RELEASE i1%EN °`-'-'Upon.. satisfacto completion of the Agreement rbF requirements and fifteen (75)z d� f ne f the certificate of occupancy, or upon payment of the wa►)rte 1ripact,e, theOIT slall,�t to expense of the COUNTY, e, ; :,:.x h µ,. record any necessary docii,ntat►on evidencing tt, terrn►na(io4 cif the lien, including, but not O akN limited to, a release of lien. rn ° 9. BINDING EFFE )iris-.AgreemerfC,sh'aJ1,be binding upon the parties to this ,...� b Agreement and their respective heirs pesonalw-representatives, successors and assigns. In the " case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for c the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or che� �c t(ien for County taxes and shall be on parity with the lien of any suck ounty5taxes. Should`t' WNER be in default of this Agreement and the default is°`not cudithttr(3Q3-ys aft`ewtten notice to OWNER, the a Board may bring a civil action tta r` qn ,`7f11a1 Al ion the lien may be foreclosed or otherwise enforced by tctiol Or suitm,egttty as for the foreclosure of a o mortgage on real propertyentedy. is cumulattvqvith�an%%der right or remedy available ems' to the COUNTY. The Board sha l be, entitled to recover alk f e "and costs, including attorneys o, fees, incurred by the Board in entbrctn )%t a ree t rt pltis interest at the statutory rate for 10-0 1 judgments calculated on a calendar day basis uriti7-paid. o IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver Q' of Impact Fees on the date and year first above written. Witnesses: Qn�Na.me 1 t Names.,,,,, OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. L C. Smith, V' e Pre DATED:, ATTEST- D)��Hh"gk&K, Clerk Approved U iAbrm and legal sufficiency Hi4ji K Ashton' Assistant County Attorney STATE OF Florida COUNTY OF Collier The foregoing instrt by Charles C. Smith, Vice to me. [NOTARIAL SEAL] Si Name jd/gni/c/naples manor lakes/agree BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Timothy L.,Aah'cock', Chairman ,ntof JAPokal�e Habitat for 1,J of Person Taking Acrkow, le, day of Inc. He is personally known "6r Stamped OAT P f:11, -1A N-JrA-, --:'A 11TOV � 'VIT)j Ndy FAr MAI 30.14198 - 5 - EXHIBIT "A" LEGAL DESCRIPTION LOT 37 OFBLOCK !& NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, ASRECORDED |N PLAT BOOK & ATPAGE 8,OFTHE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. \\5 ` ® ~I \� : . . \ ; \ , . � \\ :\< \/ ( ; — 6 — \ � } C�o -- �� \ � � 22 � G'2 0 � � � AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this&;iaay of —`� 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No Facilities Impact Fee Ordinanc County Emergency Medical, SE No. 92-22, as amended, the C df �y Ordinance No. 92-33, as amt Ordinance, as they may b r as "Impact Fee Ordinance"�i unit qualifying as affordable h 88-96, as -amended., the Collier County Parks and Recreational e, �lerounfy Orditite, NSS o. 91-71, as amended, the Collier rvices System Impact Fee rdi'nance; Collier County Ordinance olher Corny oad Impact ee Ordinance; and Collier County 3d, ie olrentd�atonat Facilities System Impact Fee her amended fry°'t ine td rfie "hereinafter collectively referred to ride for waivers of ttyapagt fee011r new owner -occupied dwelling WHEREAS, OWNER has C3 we fsimpact fees as required by the Impact N � Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and 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 - 'WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97- y2-9 at its regular meeting of �4_ _ , 1997, 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") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordanyst�fi aidards set forth in the appendices to the (i *. Impact Fee Ordinance for a peod�ftee nn (15) years chancing from the date the certificate of occupancy is issued for 4. REPRESENT, following: a. b. C. d. e. The Dwelling Unit shall be sdy to a define(f ityr,'Abe appendices to , ihe, ER represents and warrants the d with a very low income as Fee Ordinance and his/her monthly p�a�ent to purchaseh welling Unit shall be within the affordable housing`"tdelties° a"stablished in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance, 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued, and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; t etf { � � t'oreclosed upon in the event of non-compliance with the requirp46,6to of this Agreement <' ..,w 8. RELEASE OF Irk)~ U satisfactorycor ipletion of the Agreement "J, & Y requirements and fifteen (1 ) yeah' a� ted t t� t the certificate of occupancy, or upon payment of the waved M a t fees, � the O � 1TY haIll, 4tLthe expense of the COUNTY, record any necessary locum Cation evidencing the l rnuhatio'n-W the lien, including, but not o s$ ry w limited to, a release of lien. 9. BINDING EFFECTS itsAgann ii►e binding upon the parties to this b Agreement and their respective heirs, persona reprr sentatives, successors and assigns. In the o case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days atter execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or othetpersorxct the lien for County taxes and shall be on parity with the lien of any suchttrity taxes Sh)te OWNER be in default of this Agreement and the default,is not ,,cured --within (30� days erwritten notice to OWNER, the Board may bring a civil ac�iion tg �grcew�'�s �ee el - q diti n, the lien may be foreclosed I he3 or otherwise enforced byl, the iC(( UN Y by of oon o'r s4it n equity as for the foreclosure of a mortgage on real property jhis remedy is cumulative with an Cher right or remedy available . to the COUNTY. The Boa be entitled to rechcr'alfi_ti� and costs, including attorneys fees, incurred by the Board in hi g this agrees enti �pItts interest at the statutory rate for judgments calculated on a calendar dayIias uhti�ard:'� IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver 0 `a N OD of Impact Fees on the date and year first above written. Witnesses: r- nt Name lt+, 7, t Oe 4y 1/j/\111y777l���_y���_. / not OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. - 4 - Charles C. Stxtith, ce Pr ident DATED: %"Z*�,, /,9 ATTEST: ,I I DWJGHT t. bi(WK, Clerk r 0 Appro and legal sufficiency Ifeidi F. Ashton Assistant County Attorney STATE OF Florida COUNTY OF Collier - The foregoing instrument by Charles C. Smith, Vice Oresi to me.d fl, of [NOTARIAL SEAL] Sighatql Name o jd/gm/c/naples manor lakes/agree BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,7 By: Timothy Hancock, Chairman of Person Taking Habitat for HL no le mity, Inc. He is personally known or Stamped - 5 - EXHIBIT "A" LEGAL. DESCRIPTION IAT 40 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - �r11i Q - 6 - I AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thi;l9cy of , 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to P-44 d m J cz, 7q M O as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as d "OWNER." m WITNESSETH: ro r Q O WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, Um W (7 the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, ti a as amended, the Collier County Parks ,andc�aona��tlities Impact Fee Ordinance; Collier � or� A Medical Services County Ordinance No. 91-71, as mih tided, the Collier ,oiir t Emergency J H Cz System Impact Fee Ordinance,, Collier ouhly..Ordmance No 92-\�2, as amended, the Collier r o> County Road Impact Fee tn�ce No. 92-33, as amended, the � N N C . a' �r 3 Collier County Educational JFWj'1#i s Syst tr Iipa t" Fee1Ordir nc , as they may be further C" a :f. o amended from time to time , *ivinaRer colleetively;refle tv��as"Impact Fee Ordinance", a w, =oe provide for waivers of tmpdc(fk4 for new ownerou*' /dwelling unit qualifying as a .gab affordable housing; and M '%' ._ WHEREAS, OWNER has applied for a"waitier of impact fees as required by the Impact ,o Fee Ordinance, a copy of said application being on file in the office of Housing and Urban N Improvement; and J W WHEREAS, the County Administrator or his designee has reviewed the OWNER's o 0 application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver, and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- at its regular meeting of ►'� L,/l �Ov,)3 , 1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees,Fthathl�ent shall remain as affordable housing and shall be offered for sale incince with the stand �o Impact Fee Ordinance for a period +of fifteA 15) years t c of occupancy is issued forthADw llt#ig U ikf , 4. REPRESENTATION, AND ARRAN��S. k 4 Mowing: a. The Dwells t}ittt shall be sold to defined in the apId> tope in the appendices to the the date the certificate and warrants the taold with a very low income as Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established its the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52 pursuant to the Impact Fee - 2 - Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the,C9UNTY.4 7. LIEN. The waived effective date of this Agre non-compliance with the requ 8. RELEASE O requirements and fifteen (15) upon payment of the waived record any necessary documi limited to, a release of lien. �'xvhich lien may be fees, the fencing the ten M the Dwelling Unit on the upon in the event of of the Agreement ficate of occupancy, or v'expense of the COUNTY, the lien, including, but not 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 11. DEFAULT. OWNER shall be in default of this Agreement (l ) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commigncing-9n the effective date of this Agreement and continuing for fifteen (15) years from,,:11e� of-rssuane.t�f certificate of occupancy or until repaid. Such lien shall be superno`ar►d paramount to the rn res in the Dwelling Unit of any owner, lessee, tenant, mortga ee, Or other meson except the lien r County taxes and shall be on a. 3 t ] parity with the lien of anyd such Cou�y tai es ,�or lc t e OWNER be in default of this x da s wn notice to OWNER, the Agreement and the default i 'fl , �� v��n (� Y �� � � s,F Board may bring a civil actionvto,1 force this agreemn, the lien may be foreclosed o or otherwise enforced by the CY by action or Butte It as for the foreclosure of a mortgage on real property. This remedy t_ivatt)�'th any other right or remedy available to the COUNTY. The Board Shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for ,._. .s• judgments calculated on a calendar day basis until paid. 04 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HUMANITY OF Print Name COLLIE COUNTY, INC. t Name. ♦ �7 BY O&A C. Smit i Presider 4 - STATE OF Florida ) COUNTY OF Collier The foregoing instrument was acknowledged before me this Kcounty, day of , 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Colli Inc. He is p nally known to me. �s << _ [NOTARIAL SEAL] 6019= of Person Taking Acknowledgment IOAWE GAMY Kaccnv ao+a a= n[Q�1PATEP.5::; ] ATTES .; . SROCK., Clerk Alai tont County Attorney of Acknowledger Typed, Printed or Stamped BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - 5 - EXHIBIT "A" LEGAL DESCRIPTION LOT 19, BLOCK 2 NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. Y x "s N M V7 O = OR: 2518 PG: 1451 ClgTIfICATC I"CACov Cc ATVV.Th11• To K A R.AT CW MADi OV kAc, THAT 1.M" SAT AND SKr . ANO [.ol•/►CGZ. To T"C scsr or my /gNowL bg •c1.ar AMO r c"N^ ACNT RlrcncNcc mo -ma AI4C OCT •w ACCUa :JANCC wITM T fDfNW*"IpWAW, fcCTq►r s. ChIAATER IONTS. LAWS or rdoAiWR. or 1.» weslsTcwro suwv vow i TATt or , It o1gOA v ,., AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this Z day of „' 1998, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Colltet>, C,ai►tty ibrary System Impact Fee Ordinance; .n r' r: Collier County Ordinance No. 8S amended, t'h- "0 ounty Parks and Recreational Facilities Impact Fee Ordinance, Q6"Ilier-Co4nty Ordinance -71, as amended, the Collier County Emergency Medical ,�ervt�es ystc �m *t.,Fe0rd0,:i nce; Collier County Ordinance No. 92-22, as amended, the Cali Cdunly �kda mpac� (rdti tance; and Collier County Ordinance No. 92-33, as ameed, the Collier Coucilities System Impact Fee Ordinance, as they may be fu amended from timet time h ietnafter collectively referred to as "impact Fee Ordinance", provt�de, v aiyers of impact" e ,,,f6r new owner -occupied dwelling unit qualifying as affordable housing; and_ WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-Rej^ at its regular meeting of 7 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, 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") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance tt4`�,,tkt Wards set forth in the appendices to the Impact Fee Ordinance for en i ie from the date the a period," (15) years coi certificate Mg of occupancy is issued for the DwellingUntt w 4. REPRESENTATION$ '��I W �` WN R represents and warrants the following: 1 ,J t.ts a. The Dweifing it shall be soldlo,a household'with a very low income as 71 defined i appendices to the -Imp c`�� ee Ordinance and his/her monthly pay opts to,, urchaseAhe" bw6ling Unit shall be within the o affordable housing gutd nes established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; whilo, e foreclosed upon in the event of non-compliance with the 8. RELEASE requirements and fifteen (1"5) upon payment of the waiv d tri act te�s,jne c,t record any necessary docui"e_'q' tion evidencing limited to, a release of lien ' a 9. BINDING EFFECT '#',e°, li gref Agreement and their respective heirs, of the Agreement rtc o the, certificate of occupancy, or ai, a t the expense of the COUNTY, E tnatic the lien, including, but not fibinding upon the parties to this itives, 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 paiu in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - ". • qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact tees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (IS) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and owner, lessee, tenant, mortgagee, or •,ate parity with the lien of any such -,our Agreement and the default i noV/cures Board may bring a civil action to, n0t! 4{ or otherwise enforced by th 'C"�f"4 mortgage on real property. ThisAmedl to the COUNTY. The Board shill-be,,v fees, incurred by the Board in enforctn )aramount to the interest in the Dwelling Unit of any p c except the %ien for County taxes and shall be on O y taxes. Should`"the'WNER be in default of this within (V dais after'�written notice to OWNER, the ` r tills get nt e`lrn" dition, the lien may be foreclosed 'h�'�,.�rtinil r suit �n �,eadr as for the foreclosure of a is cumulatrveT' tth ans peer right or remedy available itled to recover alfieS°and costs, including attorneys ttus� interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name_ (,er> ,.���,;•LL..,, rin Name~ OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. B�--- C Charles C. Stnith,, ice President - 4 - DATED: ATTEST: DWIGHT E. BROCK, Clerk `' Atteft as to Chalrrm's 'siqnature only. Approved as to form and Iegal sufficiency I-It, Heidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instn by Charles C. Smith, Vice known to me. [NOTARIAL SEAL] Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA of Person Taking wwjedger Typeq J day of , 1998 flier County, Inc. He is personally Stamped jd/gm/c/naples manor lakes/agree - 5 - N O —.3 EXHIBIT "A" LEGAL DESCRIPTION LOT 6 OF BLOCK 4, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - w I 'w .I.µTM N C C rP - 6 - f i i 1 . 0 • I � I j I � k -r All €.$ t _ ' S� pp ��^' � -- Fa ^ ric,:c//vcas a.,�� r.cos rs .•s :' : . bncga vuDole el ve14co�:;e 'it: •.. f i i 1 . 0 • I � I j I � k -r All €.$ t _ � a t E i 3* 316 36 O • AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES ail; 12 - LI This Agreement for the Waiver of Impact Fees entered into this'_ day of 1998, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to 2 as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." 0 WITNESSETH: a N WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County :' o o�bow Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County g Ordinance No. 88-97, as amended, the Co$ JC ti E brary System impact Fee Ordinance; Collier County Ordinance No. 88 amended, the"Cl�ounty Parks and Recreational � 8 Facilities Impact Fee Ordinance, Collier County Ordinance N . 91 71, as amended, the Collier I LVI N County Emergency Medical ervicps-iystex 4NO 10 "p� t r-Fep'brdt1ce ",Collier County Ordinance o No. 92-22, as amended, the Cothd Cot nt RO�Cc) l tpact� t Ordinance-, and Collier County Ordinance No. 92-33, as ame�&41, the Collier County4 duca�ional aicilit ies System Impact Fee Ordinance, as they may be furl 'ended from time to1�n�e 3tiafter collectively referred to as "Lnpact Fee Ordinance", provie.vivs of imps fess fir new owner -occupied dwelling unit qualifying as affordable housing; and W WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact e o Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and 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 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-_ at its regular meeting of /� -tom _ , 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, 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") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accord eto tl e s a 4s set forth in the appendices to the �yt eel Impact Fee Ordinance for a penq�i d tfieen (15) years cotiri' nc ng from the date the certificate of occupancy is issued for the,IweltriR l.Jpt Jma. 4. REPRESENTATIONS A xWLLf%1 "OWNER #represents and warrants the a. The D' Unit shall be soldhousett with a very low income as defined iiW11ihe, appendices to the rn ct Fee Ordinance and his/her monthly pay' ts�?t �r i tl e welling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - O Val OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. S. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; ajvirc�1i �a b foreclosed upon in the event of non-compliance with the req 8. RELEASE requirements and fifteen (IS upon payment of the wai, record any necessary doc this Agreement. ' evidencing the limited to, a release of lien. 'u. 9. BINDING EFFECT. of the Agreement ficate of occupancy, or sense of the COUNTY, )n' �f the lien, including, but not /0 binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (IS) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other lac n for County taxes and shall be on parity with the lien of any such f"nty taxes. Sh0u1,i OWNER be in default of this Agreement and the default is t°not dufed (� Q) days aft wr%.tten notice to OWNER, the ywii'Tnn Board may bring a civil action totcafmvc th agrei�' At-Iaddit n,,,the lien may be foreclosed d c EL ) or otherwise enforced by theU T ,,by a ttn0 suikt in equity As for the foreclosure of a mortgage on real property. T�fif * emedy is cumulativd,with zany, o' or right or remedy available �d ge, J I to the COUNTY. The Board s be entitled to recov rl teed and costs, including attorneys .s+. ��, fees, incurred by the Board in enfarng t lits agreemerttus .is at the statutory rate for judgments calculated on a calendar day basils u ittl paid "" IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver e`s of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HUMANITY OF Print Name K_ft COLLIER COUNTY, INC. BYf 'nt Name �< < f `Charles C. Smith, Vic resident - 4 - DATED:�iT��f ATTEST: DWIGHT E. BROCK, Clerk -r- At est ais to i Thai ' signsturt only. Approved as to form and legal sufficienoy 14 CL. ) �� .1. 1 Heidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instn by Charles C. Smith, Vice known to me. [NOTARIAL SEAL] S Name jd/gm/c/naptes manor lakes/agree BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ._ rm Niian Vev, "Ii ria meal c 5 � gg9 4� of Person Taking A4ll noedgmer day of 1998 ;r County, Inc. He is pirsonally or Stamped - 5 - EXHIBIT "A" LEGAL DESCRIPTION LOT 7 OF BLOCK 4, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED 1N PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. { 3i., Y x x , N O M - 6 - GXNll-jl1 It LOT 7 SL.d c K f _ :,ST Hatwwaa�utas ars cne t REVISION ZONING___--___—OTHER_$=_11_ coony sww,ce Cs49^el.q n'stwito, acne,aeQm ru:-, a)o • N M. iY Y ' AT �1 i T Y i "x� 1 • �; � s ��� �� •� i N t � CIA 0-16 30 t � tiQw � Ya Y y• •Y • �• YYtc Y� iD •� -•� Y Y A� ' � v• ,iYi a Y cpps i8t +� i• 4 = PV i Yr Will -- ^•iC �*� E� � I �• 'moi'. pIt IY I'Y Is Ir y'w ,a iaf. �ti\ �. �. q r I AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this.�eday ofd= 1998, by and 4 between the Board of County Commissioners of Collier County, Florida, hereinafter referred to =..gym. '� �e as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as .� o ZV "OWNER." y �. WITNESSETIt: -a WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County b Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as -._ o amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County �+ A .., � Ordinance No. 88-97, as amended, the C ollief 4 rtl� I d* tern Impact Fee Ordinance; w w `� y No. 88-96, the Collier C`�t l?`rrks and Recreational a� Collier County Ordinance as ai>ettaed, Facilities Impact Fee Ordinance; Collier C`ouat,.,Ordinance Nod 91-71 as amended, the Collier 9 County Emergency Medical Services Sy to � e Mina cc` �cilher' County Ordinance M N No. 92-22, as amended, the Collie�,C,6t Py X6,4&JImpa t ',#e e O irr ante ,4nd Collier County y. ,.. , o Ordinance No. 92-33, as amended, tl%cc flier County Educatl+al Lacltt System Impact Fee !4? Ordinance, as they may be further ame nood m time to time herd xat vi collectively referred to ao ,. - N 'Aka as "Impact Fee Ordinance", provide for waiters aftt aet..Yf � fo new owner -occupied dwelling r unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact �' a Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-_Zf�� at its regular meeting of 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that t}ulltng Unit sltlrsia�in as affordable housing and shall be offered for sale in accor ancc�" its-the,standards set t� in the appendices to the a., Impact Fee Ordinance for a periodo fif ec.a-W) of occupancy is issued for the Dweling ,1 nit. Y . .' ems ' 4. REPRESENTATIONS ANi[)\WARR following:' a. The Dwelling Uni defined in the apps date the certificate y�� r s 7� i p iFc t vNI renit�tnts and warrants the to a hoslwith a very low income as tt littbact Fee Ordinance and his, her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner, d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee - 2 - Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling; Unit must be utilir.ed for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY- {� 7. LIEN. The waived itnpact Ccehi1 be a lictt"uj'�4t}t0Dwelling Unit on the effective date of this Agreement; w,.fitch4en nay be foreclose up , in the event of non-compliance with the requirements of this- e nit ais 8. RELEASE OF LIED. ,"kU ion Ysacts ryEk in� lc or of the Agreement requirements and fifteen (15) years a the date of issuanc tertthiMc of occupancy, or upon payment of the waived impact fee; COUNTY shall, a d q pe se of the COUNTY, o record any necessary documentation evidet terminat1(0),rwpti hien, including, but not a 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 ~m v case of sale or transfer by gift of the Dw; ling Unit, the original OWNER shall remain liable for .� the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing rcon-the-,effective date of this Agreement and 14' - continuing for fifteen (15) years from the da"t� ss,uarwe t i c�i rt t ate of occupancy or until repaid. Such lien shall be superior and p owner, lessee, tenant, mortgagee, or gther parity with the lien of any such fount) Agreement and the default is not curet' -\v Board may bring a civil action to enf0 or otherwise enforced by the COUNTY unt to the interest ii ,,the welling Unit of any rson„ept time lien for (. oun �axxx 5 *Sold he VN R inn boy ay'sµa�°r Nv t t 1 tib?. s agreement. In ad iota ti,e Rion or suit in e44ity4'4 . s and shall be on be', in default of this e to OWNER, the fen may be foreclosed r the foreclosure of a mortgage on real property. This remedy is cumullttt� v i( � other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: • HABITAT FOR HUMANITY OF pn ame . ��.�-�l� �- k Z� COLLIER COUNTY, INC. rint Name .;.,_, BY �..._ ar esident -- 4 - . DATED: d16,�� A'T'TEST: DWIGHT E. BROCK, Clerk Af*t as to Chairnan's Signature only. Approved as to form and legal sufficiency eidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acl by Charles C. Smith, Vice President't known to me. V [NOTARIAL SEAL] Signatdre of BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA _ �. , ��..�. is �����:,►_� i� dad of1998 of C ll er bu ty, Inc. He dpersonally Name of Acknowledger Typed, Printed orS jd/gm/c/naples manor lakes/agree ,9*"% JOANNE DALBEY MY C("1=0N ♦ Cf 119612 S WIN PAPIRES: DV30= �.pp.}rOTARY h4 N'tsy SarwKa B 6unA'n Co - 5 - z 00 rn EXHIBIT "A" LEGAL DESCRIPTION LOT 20 OF BLOCK 4, NAPLES MANOR LAKES, AUCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - e, 1 b G7 ao 6 - NAPLES MANOR LAKES r' ' r ..�— A'. wA VAL r � Ar'KAOVA �. A..wOvCO TM/d_. DAY Or TM11 �L AT A..wOV[D TMIi �_OAv C'r O •LA7 Or A dVMV Cr TMI •I.AT Yrc[ COUNTY .{O�t �r _A TMC �OAAD Or COVNTv COMA .f'o wjavev ti TwUC KNOM'L.Qb6C AND A��ber A O IOSd YY ANO /.O GO.JN T" ZONING �Y (fir COI.6.ICR GOlIN7v rtOA,UA MY tiCC t,Ap Mlfr�Nor .wD,n,/Dw, or CNa1NCCw OrrIGf:A .' OR; 2434 PG: 1 J .• Y E�(i7//,'', .,`f��' GO€�N'rY CNCINCCw �1�.1.!.M •D SURV vow NO.�oo rL.o�ro+. �� cwrc 7F r' ' r I P� �7 H .0 irisr ice• ..�— ..o M b i Q e , l I P� �7 H .0 irisr ice• ..�— ..o M AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this 13 day of V� b 2001, by the County manager on behalf of the County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99.39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance, Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance, Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92.33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 99-52, the Collier County CorrectloTdinance, as they may be further 7, a amended from time to time, 1 r er collectively refc*1-J6 as "Impact Fee Ordinance", provide for waivers of impact ,new,., owner-c�ccupi duelling unit qualifying as IN affordable housing and' 3" { ' R " ' r s WHEREAS, OWNED IIal 91!4,of impactfps as required by the Impact Fee Ordinance, a copy of saic plication being on + -,in, the- Oice of Housing and Urban Improvement; and WHEREAS, the County Managg�er drde' has t�cviewed the OWNER's application and has concluded that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligi6le for an impact fee waiver; and WHEREAS, by signing this Agreement, the County Manager has approved a waiver of these impact fees for OWNER, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and Agree as follows' 2750595 OR; 2777 PG; 2039 Warn h Imalu nooui of am cm, n 1211112NI It 11; A Ev 1. W. NII[ aa: ra M n." LINM MIN - 1 - ofte 2777 Pc: 2040 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold w.I c. The Dwelling Unit shall bevtnestead of d. The Dwelling Unit shall ren a ati'ordab date the certificate of occupancy is tdr tl e. OWNER is the owner of recordYaf the D ei amount of 57,698.82 ours to the Impact Fee I impact fees owed by OWNEI�;WNER covenants housing impact fee waiver quali; criteria del of the various waiyW impact fees is art buyer; V" (1 S) years from the impact fees in the total for the waiver of the comply with the affordable Impact Fee Ordinance. A list B. S. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (1 S) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, 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 impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. - 2 - 8. RELEASE OF LIEN. Upon satisfactory completion MW- d? /2gMx2041 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 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 provisions of paragraph 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the County Manager, 11. DEFAULT. OWNER shall %-gin cul of this Agreement (1) where OWNER fails to sell the Dwelling Unit accordancewttlriefordable housing standards and qualification criteria established un the ~Impact Fee Qrdinari a and thereafter fails to pay the impact fees due within thirty (30 of r olt r or (2) where OWNER violates one of the affordable houstttg„ gal(f c,tiotcitttet the pack Fee Ordinance for a period of fifteen (IS) days after notice'bto violation. 4 12. REMEDIES the OWNER of the pro' fail to comply with the said qualification criteria at any time rig t f+ee (t) penod, or should OWNER violate any provisions of this Agreement, the impact-eeswaived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (1 S) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except liens for County taxes and shall be on parity with liens of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. OR: 2777 PG: 2K2 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print ame =� j Print Namc STATE OF Florida COUNTY OF Collier OWNERS: HABITAT FOR HUMANITY OF COLLIER COUKTY n Samuel J. Durso, M.D., President The foregoing instrument was acknowledged before me this J day of F , 2001 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is nally known to me. [NOTARIAL SEAL] Notary Public rl� NX, LAUREN J.::1 i MY fX�1MISSKMN MAIN:16"094-NOTARY ►11 Npry ww `^ BOARD OF 0 $ 3" IE,WW ? k1 STATE OF Florida COUNTY OF Collier` s 'Y COMMISSIONERS FLORIDA MANAGER The foregoing instrument was acknowledged before me this�� day of , 2001 by Thomas W. 011iff, the County Manager. He is personally known to me. � kuj� ( �� - N [NOTARIAL SEAL] N tary Pub te _, 'a"L lullm �_ JENNIFER L. NINICK lid r Thomas C. Palmer Assistant County Attorney - 4 - A. B. C. D. E. F. .g OR; 2777 PG; 2043 EXHIBIT "A" LECAL DESCRIPTION LOT 1, BLOCK 7, NAPLES MANOR LAKES, AS RECORDED IN PLAT BOOK 39 PAGES 86 AND 879 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. Library Impact Fee $ Road Impact Fee " Parks Impact Fee: EMS Impact Fee Educational Facilities System Impact Fee Water Impact Fee Sewer Impact Fee Correctional Facilities Impact Fee TOTAL IMPACT FEES 93.00 1,778.00 1,275.00 $1,575.00 117.98 $7,698.82 - 5 - X22 OR: 2777 PG: 2044 "t conn l sr . e0MCIN& c LLMM "No • NAlloNAl amcaeR/► 10"Ick DAIN a Its . DNA POW 9 . OW Q wr 0 • Ca10TrR M01111 • - MIA I C MOM 09• OIOIb AMMO MUM O1M01w1K NOVO) so • scw -e- • ft7�t 0. • OIAM (/el Illi • IMA O TN ac VIC74" N 1wt O . 0`61/10 BION dl . co"Co t VCHUN NT ON - OWFAW O AU( 1 EWN ♦ - . 1I0T2 colic ■ P . PUT � V11eT >e seas o e"A f coN0RE1E eaR - e4Rtl[II am 0 • Otm oc _ roMt or ctMlvAwMx Pp • PENUitNT CONTOOI POINT � ' � ecNclww O _ !T �I /• O[ _ OR/1MAOE [AMENDIT M _ ►OMT er orlawcTIO� ew _ CAM WWW" l 0M P.APi) -T- . VD H OW Log a1 a ML "011 OR - ORNNAO[ its _ reanieelONK LAND IUW&' n PDs . ►OMT w ttTN1�10 U/a� WIN IOROUND Vt - UJUTY tAWKNT Ae AACapellTel.R Iff1��V/ ' [�iTwImm ' [1sT a EA�>EWT roe _ raw or commmotmENT uTv _ UXM • APP A01111191111JAW : RLVATION vrr _ oow2AMo"w IN•.wcNT I� _ WrTntss uoleAlrwT tgPif AsnMtTWM nd . rOIM� PT . PM1IT OF TANWT IVM ■ IRAMs1UM 00 41MUSKAD luuma OW . qry VWX PYYT _ PAIR1LMT R . luaus an RAM sex _ 11110. " It�l WAID Kc • reQW0 "T HAL 6 TAe F_ ye.10'-----�-- RI M It. • P.m $a T NAL 6 TN X07' 'V MITCHELL STREET 60' R/W 0 I o4 } ('7 W o k� Oki STALE OF FLORIDA) N w so W c sae .ez•.l / COUNTY OF COLLIER) LOT 12 1 LOT i i L F. W. Rowe. a "tared Land Swveyor In the Stole of norWa. hereby certify to Habitat for Humanity of Coater County, Inc. that the t'oregomq plot represenle o survey of the followhq doWbOd Premlow LOT 1. KOM SEVEN. NAPLES MANOR LAKES as recorded in Plat Book 3 Ptpo 06-67 of the Plilk As" of &#6r &URN. Flex& TMt 6 «inNy of N WM d$WIW pf Wtr WO MOO IIn4p my OWUN gI10 f11Nh V" MbNnwo Tso ol" Slanderde as per Olwpter e1C17- 6 Rorldo Adminkarotove Code, pursuant to SwUon 472.027. Florida Statutes. There are no visible encroochments other than AOW Il no sae Wit or CIEIIfit 61 essormts of whkJ1 we how knowledge. No title search hos been mode by the surveyor. No attempt hos been mode to Is00b f00tere bsfleoth the surface. Street Address In 5314 Mitchell Street. up, a. n. EBearings l bn a NG.VO�nnl�han gist U-87 ris" y M In F1ovd Zone 'AE' I NOBS 0`k R6VWWW B Ut IG ARY SURVEY 100 -year seas elevation t. 7.0 Fn 1162 Zt1-30 ifianOW9 0 -I3 1. -N MAOTAT i01I ItYMNNTY OF GORIER QOtlaTr. etc ppm-sm AaDOt77AT 11W 8W- I& P&IN �• •�`-� • ■ 14" UNR000 AVE. MAtlts. R 341'12 F. M. Raw PLS /250- SCJiLE: Y . 20' UAW- 4vwMrr 21. 2001 1and SO" ("I) 77S-eS11 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this&_ day of 4 -e -b . 2000, by and between the Board of County Commissioners of Collier Comity, Florida, hereinafter referred to 3 r N as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as ::1 2 Oa "OWNER." WITNESSETH: 31 WHEREAS, AS Collier Count Ordinance No. 98-69, the Collier County Regional Water I and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, N the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, w the Collier Count Parks and Recreatnonal F ._ilt esx Itn act Fee Ordinance; Collier County CA � p YIt'llI" '. Ordinance No. 91-71, as amended =oEier Count�ency Medical Services System e, 4,%, .;1,o Impact Fee Ordinance; Collier' County -Ordinance No 92-21asnenided, the Collier County R Road Impact Fee Ordinance tr Callter ou t� t� nand N,, 92 33 as amended, the Collier a County Educational Facilities Sy ea Impact Fee) r �c 6d Collier County Ordinance No. g• :t, o ti 99-52, the Collier County CorrectJonal Facttrties Imp t Feel rdx i e, as they may be further amended from time to time �t i after collectively i fei to `toys "lmpact Fee Ordinance", '1`i ►-� provide for waivers of impact fort-tlewry owner-oced dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact M Fee Ordinance, a copy of said application being on file in the office of Housing and Urban W � W Improvement; and = S WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000-L4I at its regular meeting of R_, 2000; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees and shall be offered for sale inco Impact Fee Ordinance for a pchod,,bi IJI of occupancy is issued for cher Dw,eIl 4. REPRESENTAT ' A �., following: a. The Dwellig`I defined in thii b C d. i `:Dw&Ilii Unit shall remain as affordable housing with the standats se`tforth in the appendices to the (t5)'years Ornmen,ing\from the date the certificate WNT�IxES. OWNER rirpresents and warrants the ti t shall be sold to a'h �usehdld with a very low income as pir►S� t(te _Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee - 2 - Q • • N Q1 boa 0 aq so Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived i 1 lien upon the Dwelling Unit on the mp�c e� rx effective date of this Agreemet;�y.w+hich lien may 'bel?-losed upon in the event of non-compliance with the regt}irein�5 of this A$reemnt• 8. RELEASE OF u a sf to Qrn etion of the Agreement requirements and fifteen(15)1,0afteit tledtexo# issuance of tle, certificate of occupancy, or upon payment of the waive"lt fees, the COUt4,,Y sh4ll,;at'!-ie' expense of the COUNTY, O 'r 1 v c 7d record any necessary doeumei;atiot ,evidencing the terr°r f � t f the lien, including, but not N r cs+ limited to, a release of lien. 9. BINDING EFFECT. This Xg—reement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the cane of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for p the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section S are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from repaid. Such lien shall be superto it owner, lessee, tenant, mortgage, 0�1 of parity with the lien of any ;uclu Agreement and the default i4.n9t\cdl Board may bring a civil action,f �aifo or otherwise enforced by the CI mortgage on real property. This reme to the COUNTY. The Board shall be paramount to the rson-exp-ept m u' vit ii#i 0 days this agreementk, by action or suil fjhe certificate of occupancy or until fes in the Dwelling Unit of any lien'for County taxes and shall be on be in default of this notice to OWNER, the lien may be foreclosed as for the foreclosure of a other right or remedy available all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR MAN_ITY OF COLLIER CgMTY,, Samuel J. , M.D., President - 4 - OR; 2640 PG; 1112 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this�a day of Q,`tgg4-- by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier Coun nc. Hai rsonally known to me. [NOTARIAL SEAL] �8' turc of Person Taking Name of Acknowledger DATED: _m ATTEST: DWIGHT.E. BROCY, Clerk ,N nowledgment JOANNE DALBEY MY COMMOWN I cc n%12 IP o Exnaft 03/70MM 1 -WO -3 -NOTARY FIS NaWySarKa! - Co Printed or Stamped OF COUNTY COMMISSIONERS K QOCJWY, FLORIDA . •, r,�" � � . oma., � tg SHY_, �! t0' ai raan algRaltu�y only. t Apowed as to ibrm and legal sufywency 4 w lyJ L s ! • Heidi F. Ashton Assistant County Attorney jd/ginapla manor addn/agree - 5 - TANTINE, CHAIRMAN OR; 2640 PG: 1113 EXHIBIT "A" LEGAL DESCRIPTION LOT 33, BLOCK 7, NAPLES MANOR LAKES, ACCORDING TO 'THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. «*gym °1,',«.+�' '� aA `�E•"a' a _� - 6 - AI►ROvwL �r T•«i IL AT APIwO'/CP TI.+s IN C • r _i. o rose �. 01 Nr:LTING�.H' Or CB.�NT v CCr.rM+i!•cNC�E (�! GG-•L�w COUNT• , rLUR10A OOAA Y A .It t • �. •1 ' 7Y- r'w "I OR: 2640 PG: 1114 M rL.I•.G wECOwO •.[wE sv CE wT,Iy T..�1 T.+•� wL �•" C, .vsf•Lr.i b.ANOw LA'C HA9 sCE"• Cx- t -Ar COI•.•••,IES w,T.+ Tnl wCC�.•ri•wE •; p. SCC�iON . C_.0 -EA 10775. •. A•A1 Or -or,L)^ , .4 CIS Ur IOT5 • rJTM�w GC r..Co row wECOmr- ATt st�iV•� i1.:1_ C., or%raa -.. _ A.0 IVO• •NG r.Ao •. �— MC IN ►_AT •AOM NO _ AT AM6C No-Ecor r.Ic PNswCCOw7s C .wCOLtICw C=,NTv, rLCW-C• 4z—"' or T►.0 GwC4 T GV row ANO w CO_LKI GC..• 0 WI-vCSS wITNCss DE:D CA77'c= AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisday of. --A b 2000, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to .. R� N as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as o Li "OWNER." WITNESSETH: 222 WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water 8 and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, C 0 the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, i a N _ the Collier County Parks and Recreational.- Faerl�ties Impact Fee Ordinance; Collier County o .' X , ev Ordinance No. 91-71, as amended,Co#fiier Co°uniy�tency Medical Services System Impact Fee Ordinance; Collie 'C6'4 ty Ordinance No 92-Z���as mended, the Collier County o 4. � ao Road Impact Fee Ordinance; Ca{Irei Cou`tnty Or�dinan No -3 , as amended, the Collier ev R "A" .. County Educational Facilitie's Sy0em Im a t Fe Or t%tahc�,�nd�lCollier County Ordinance No. 99-52, the Collier County COtidra °�acIlrtit~s hnp�J `11C t Fe, Oid rt�► e, as they may be further amended from time to time after collectively geed t its Impact Fee Ordinance , .J �-+ provide for waivers of impact ee fo new owner -c2 P P ��. ��� dwelling unit qualifying as � affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and V W ss WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirernents for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance, and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000-q_ at its regular meeting of " , 2000; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agr and shall be offered for sale in; e. Impact Fee Ordinance for a perio of occupancy is issued for the D� 4. REPRESENT&, following: a. The DV1*1 defined in b. C. ance with the stafil ik n (15y,yems,cc a E NTIES Y re nit shall be sold't& shall remain as affordable housing forth in the appendices to the from the date the certificate represents and warrants the with a very low income as Fee Ordinance and his/her monthly payments —f6`purciaie the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee - 2 - Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling [_.nit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived i!tat11 b „�iep upon the Dwelling Unit on the effective date of this Agreernpht�"Bich lien may be"ie'ci sed upon in the event of 1 non-compliance with the requirements bf tis MAgreetnenf—� r � � � t 8. RELEASE OF LI1rN 1�­06n, s to ac t�r�Ompletion of the Agreement d 5 requirements and fifteen (15) yt'a e (e F suanyof thqi-eortificate of occupancy, or upon payment of the waived impt fees, the CO4s all, 41't6/expense of the COUNTY, record any necessary documenta `on evidencing the terminaktfoh spy' the lien, including, but not xu, Ak limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - N Q1 .ss 0 Com'] a-+ V 11. DEFAULT. OWNER shall be in default of this Agreement (l) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (1 S) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (1S) years from the d t bf�"c repaid. Such lien shall be supe o end paramount to the, owner, lessee, tenant, mortgagee, or 61Wperson °except; the parity with the lien of an' st K' 4 t Y Y A i E Ek A. Agreement and the defaulters blot vithita (3( days) Board may bring a civil actiOl enforce this agreem0a. Ii m or otherwise enforced by the AUNTY by action or suit the certificate of occupancy or until in the Dwelling Unit of any taxes and shall be on ER be in default of this notice to OWNER, the ditto't, the lien may be foreclosed �tdity as for the foreclosure of a mortgage on real property. This red Is�C any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FO UMANITY OF COLLIER 1' �%� B V L amuel J. M, M.D., President - 4 - OR; 2640 PG: 1119 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this_ day of 1999 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier Count nc. He is rally known to me. [NOTARIAL SEAL] F��rof Person Taking Ac wledgment Name of Acknowledger Typed, bkOCK, Clerk A -ft` f deet SII If11fi1••' Approved as to form and legal sufficiency _ .. a-ssaawaa Amt County Attorney 09*4ea amw addn/agm I - JOANNE DALBEY My carw.mot+ • ac>mu EXMAE&-W/Wt t or S J' NOTA1 V Fla Nuem Sankm a egos" Cw OF COUNTY COMMISSIONERS t Cf�Y, FLORIDA g lk j V ;. vi c - 5 - $A&-- ANTINE, CHAIRMAN OR: 2640 PG: 1120 zXHIB T "A- L■GAL DESCRIPTION LOT 2. BLOCK K NAPLES SOK LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK i AT PAGE 8,OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA \ ; \ , . � \\ .\< � � \ \/ ( ; � }� M OR: 2640 PG: 1121 tit /'06 .1 , {ice / �•a�"_'____ - � - I/:.J 1�'�� rI�'. •.G RCCOwO �' � 1 rC wcfl'+ CCw7, f'v •,rAT Tr'O P`,A !ter APPOff OVAL .� I r.Ai SCE^, APPw•Ci IYSi MLLTING L I••'� �u.NCG •v WL- TrE FEQ� Fr_•.+Cn :q4E_AV .► w G o ep r CO.. r -.T♦ CC IJ wI SI-GNL�£ J �' L-�/ w_AT COMwLlC3 vv, '). 10?7O. •-.'^•. U• r p,1NT• ! LU++IOA � .� C. OCC♦ iON CrAwTEw (j. Cr --LIC r+ 10, /�- _- I I -- -pa,pA�^CTs of IsJs Jam' , t /'06 .1 , {ice / �•a�"_'____ - � - I/:.J - ' rc /0 ".00, 1� Milk -- �z V el A • r�T My7w CCwTIrV T.•A- •�iA�`+'� e�A+'M• r,.-CprOwCGOwC cl _ A D IVew AN:., WA4 •�.J� wCC.OwOcJ IN ►_AT 000. 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A GO�++O"�•"'o •` Tr.c L.Aws Or rL.Ow10A , ANO O w Tvw•,Cw / A7TOw0C, ALL r.NOWN r0 w•C TO OIL -r..r. PCwSONf ►KKON AkNo vvl"o iKCGyTCO r -E rONEGOIN46 OC O'C AT ION. A. .. r... T.n� +!f OC *►+IC■ Fat �♦ A _ — -- i .. �-r-+•sem-` -'.;� vi �� w.• -E I 1. � it 10, /�- _- I I -- Jam' , t - ' rc /0 ".00, 1� Milk -- �z V el A • r�T My7w CCwTIrV T.•A- •�iA�`+'� e�A+'M• r,.-CprOwCGOwC cl _ A D IVew AN:., WA4 •�.J� wCC.OwOcJ IN ►_AT 000. PAGC NO.G�_pr r11E PuO_IG r/CCOP'" O .,+COLLI[ w C4'-+^l7v . r;,Ow.c & CLCw.{ Or -V. cc=wGu T Co - row A.'0 IN COL♦ICP tC•' ►sprt/c T_� QC fs. _... _ _-.CI 1 -.� _ Iw marcor ss: r- sL =e ✓cam -ATS, \ r r.PRESE`4 5 ,.,.� ...•{eo - J v /\ i '�� �': Cpw PARAT,p.. V"•.OEw T. `"_'_-•-"_,i1 • war r I �.. � '•1 f i Or rLOw.O... TNC ov./vCw Or T // �� ON OC9C+�1f,rp -ANP TO OC w+AOL AND COC DEO,Gi•TG TJ ♦r•l usL O/ Tr %% ,(, / •LL ST+wCCTS. 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T.n� +!f OC *►+IC■ Fat AGREEMENT FOR WAIYER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this L day of moi— 2001, by the County manager on behalf of the County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water andtor Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier Colony Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact 99-52, the Collier County Corre amended from time to time, provide for waivers of imps affordable housing; and WHEREAS, OWNEI`ji Fee Ordinance, a copy of said Improvement; and WHEREAS, the County collectively and Collier County Ordinance No. D dinance, as they may be further kdA6 as "Impact Fee Ordinance", pii d�ielling unit qualifying as Ijt,'d °fe a wa v r of inipact f0* !as required by the Impact lication being onto thy= ice of Housing and Urban ,ager +1 desi" . �hasreviewed the OWNER's application and has eoneluded that it complies with the requirements for an gfFordabte housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, by signing this Agreement, the County Manager has approved a waiver of these impact fees for OWNER, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 2750596 OR: 2777 ?6: 1045 Haws is omen u .f Doom aol ' n 12111/2111 �t lls2lY IIIIlt 1. SCI, tWI 11C IV 11.51 Mb Wtll OR: 2111 PG: 2046 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as at%rdable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of Ffieen (IS) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following; a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to -.a -Fi V I C. The Dwelling Unit shall be 4l nm+�st d. The Dwelling Unit shall tetlltt. std. 4aI date the certificate of occupancy Is issued.fo e. OWNER is the owner Of rccorO o 1 k *th+e Jt .. h amount of $7,698.82 purl t't to -he Irn ac impact fees owed by OWNER co, housing impact fee waiver qu�liai©n crit m of the various waived impact fees is att buyer; fiftecn (15) years from the imps mt fees in the total rturn for the waiver of the t� comply with the affordable Impact Fee Ordinance. A list ..e .. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (1 S) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing For a continuous period of fiReen years after the date the certificate of occupancy is issued. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. - 2 - OR; 2777 PG; 2047 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 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. 0. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the County Manager, 11. DEFAULT. OWNER shal1.1.be-im-de9 14, fails to sell the Dwelling Unit-icetce w qualification criteria establis* tn- ie-, Impact Fee impact fees due within thirty one of the affordable fifteen (15) days after notice 12. REMEDIES. ght- , the OWNER of qualification criteria at any time d " ,'�fifteen (1 any provisions of this Agreement, the of this Agreement (1) where OWNER housing standards and thereafter fails to pay the where OWNER violates 'cc Ordinance for a period of -' I ak sail to comply with the said i or should OWNER violate be paid in full by OWNER within Oft (30) days of said non-compliunce, OWNER AVM that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen 0 S) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except liens for County taxes and shall be on parity with liens of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the 13oar0 may bring a civil action to enforce this agreement to addition, the lien may be foreclosed or gonrwise enfOrced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. mm OR! 2777 PG: 2048 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR lyr int COLLIER CO Print Name .� BY. Samuel 1.0 STATE OF Florida COUNTY OF Collier OF �1C. , M.D., President The foregoing instrument was acknowledged before me this ` �kday of , 2001 Th by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is p6ionally known to me. [NOTARIAL SEAL] Notary Public R LAUREN J. BEARD , *r MY COMMtSiIQM / t �" ,. 6 zxnitkw- BEARD OCOUNTY COMMISSIONERS COL Y, FLORIDA I� ro x '�,.<, fl T,Tfi S W.rDLLI TY MANAGER STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this Ll day of , 2001 by TWInas W. 011iff, the County Manager. He is personally known to me. [NOT ] (,"o Publi ENNIFER L MINICK s and legal sufficiency Tho C. Palmer Assistant County Attomey -a- . ' %M; 2777 PG; 2049 EXHIBIT "A" LEGAL DESCRIPTION LOT S, BLOCK 8, NAPLES MANOR LAKES, AS RECORDED IN PLAT BOOK 39 PAGES 86 AND 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 5 - A. 1, ,.k Library Impact Fa $ 04 r B. Road Impact Fee 1,825bQ C. 77`7 Parks Impact Fee: s .. D. EMS Impact Fee 93.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee $1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES 57,698.82 - 5 - *** M: 2111 PG: 2050 *** c • comm M • RNOYAIMI LEGEND I" a RATIO a mm 4/0, . mm MIT - aONt w MONUMENT C - WORD 1RI1TIQ/11. aAVW or is" •/W - •IONI or WAY • 1RLTA ai- CHM @E~ Macu oases Noun) eCR - Sam - - 1R11C[ CL - OIAN Um Nil - IM i TN >!EC - 7[CIN O - /MAO MON CY . OOI1CIII W 60011004T ON - OWWAO SO - 110Ew o - - mm an !916 OW - OOINOIIrig P . PLAT 111 . MaeO NOT To less 1-0 age - coma1 Pc - POW a 9A MPM T Comm - : P0� e - 0E[e PCP . MIeIANCrT CONtRaI PelwT TMl - 1 OOM RNO WM O • ^ ' PONT or wlOacctlpl N : AM �w ONI wq ON : SAmVm "I TV -T- - TOOr101W LAW A • MIC ON - OIIMIAa[ it• g& MT r PLS - PIIOCIMONK LAW suANiVOn Pal - POT Q MOM 0IS POC PONT IJOINWMOIMO • 11111TT EMIT " AC . AM a0O110w APP. APPROMMU - VAN - Or CONAMICEM04T UTT - L VAM [NIt . UJIMIT PP • Pm Pei . .9 e no Pew - POALM<NT dsvlrrlcc WONUNOIT - WnTWSS 160DIkR [NT AM a AVWT "t - rMaQ noa11 DAVATION rm . "m III IT IF . P TANAl1T WW - IRN�N 00 A : � Ow • OUT mm PNET - PAVDADO n - eLALW N . 11EAMAn Le1e - MEAN mm WANA N . RAOW ew RAHN NEC - PWAX 0 TOM L - Mr u T ova i 1N FLE MING r •0P N 5078'30' E rrwm, ON ftwe PXKItTb LOT 4 BLOCK EIGHT S A d SIT NAA. all STREET 60' R/W 60.52' 1 y LOT no W Roe 'V 01OUM 0L Ts z Z , __---- . 0/i ROS 4 ��Y �.P ••yilm tA•�1SwT —�— si,•C/r t R0e N 50'28'30- E 60.52' 5 k LOT 21 STATE OF FLORIDA) BLOCK EIGHT 001111m OF OMLIER) L F. W News. e awed Lend Survew In the State e( r1aride. heresy e:erth le NOM61 IN Nwnanilr of Cdiff CauntX Inc. ad ow brpoip *A repwuente a wwy of the h1M0fIRlq dmbed premleak IAT % tILM EI0HT/ NAPLES MANOR LAKES as mwded in Plot ,Book J Pogo 00757 of 11N Pubk Rmdr of CdW County, tla & Thou o murwy of the avow d8WW praptrty roe moa ender' my arwUm and meet* the MinMNMn Technical Standards ae per Chapter e1G17-e FkwWa Administrative Code. pursuant to Section -471627. tier ide Statutes. IIw• are ne v6W* •neroedh~18 eller Man abewn. ne eeee"WIS or e:lebm of OONIINIto of AM N hm lumiedga No titN March hot bw mea by the «lfwyar. No attempt hoe been made to locate footers beneath the surface. Sheet Addre•• Is SMS Fleming Street. Nov,es. n. t1RarNq/ eenitnn to Plot Soak 3 Pace t16-67 t7elniMh are N.avv. run to from BM Tim Property M In Flood lane -Ai 11 NOTRB & RlVISIM ir BOUNDARY surra PAWMIM IIOwR 100 -res► wood Nevetion le 7.0' 11 Vn 41AAAn .AILAA n1Ar_ In -IM 1-u FL ..0, T F. W. Rave PLS /2503 Not %*Vd adeM N01wed and ••algid ellttn en+beeead seaj NAMIAT FGR MMANTV Or COLLER e2MIV. 041. POR'RU-111M A6! WATW 1NC. LB 06128 2394 LINW000 M. NAPJL R. 34112 SCALE: i'- 20• DATE: MMM y 0% 2001 (941) "S-6311 seta: MHK OR: Ml PG: 3381 ne nl 2, 1, CUB t0 711 BO111D HCOD1D is the 0112111 HMOs of 0611,111 eau1T1, It 0113 6.00 IMICI1IC1 47111401 0613012000 it OHUN DYICIT 1. owl, Can NVEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thi 4 ay of 000, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hercinaticr referred to us "OWNER." WITNE55L'I'll; WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No, 91-71, as Impact Fee Ordinance; Road Impact Fee Ordi County Educational Faci 99.52, the Collier County amended from time to time, a nance Facilities Im provide for waivers of impact fees for affordable housing; and Medical Services System the Collier County as amended, the Collier � aR, 4 'slier County Ordinance No, , as they may be further to as "Impact Fee Ordinance", ied dwelling unit qualityin6 as WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has concluded that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fec 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 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000-43 at its regular meeting of � _ 2000; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL. DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as atTordable housing and shall be offered for sale in accor* do a t forth in the appendices to the r~ars cumm cid from the date the certificate Impact Fee Ordinance for a pt�od ofrl yn s of occupancy is issued for the D� c n91JJyq 4, REPRESENTAT Q W� RAN �S.r Or NF RFrepresents and warrants the OM following. .r ° - a. The Dwelling ziit�$ t 1) � o?' Usehold with a very low income as ev defined in the appendices to the impact Fee Ordinance and hislher monthly payments to purchase the Dwelling Unit shall be within the w atfordable housing guidelines established in the appendices to the Impact N Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e, OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of 57,586.34 pursuant to the Impact Fee - 2 - Ordinance, In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the atfordable housing impact fee waiver qualification critcriu detailed in the impact Fee Ordinance, 5. SUBSEQUENT TRANSFER, It OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Feu Ordinance, 6, AFFORDABLE. REQUIREMENT, I'hc Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period atter the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. C", , 7, LIEN The waivedd�et"ees stare upon the Dwelling Unit on the i effective date of this Agreem tit ,which lien.. maYk, be reclosed upon in the event of noncom liance with the re4uir tints f 11i Ag ='y ` it 'T" k { 3 g, RE[.E:ASE F .IEN. Upon sail, clory 6mplction of the Agreement requirements and fifteen (15) ythe date of i upon payment of the waived impact fees; the 1'o .. � 1 1"the certificate of occupancy, or 0 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, DINI)ING 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 arc satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within ftteen (15) days after Cl(GGutign of this A6mcment b� the Chairman of the Board of County Commissioners. - 3 - N N b C� It. 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 thereaficr fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates 011C of the affordable housing qualification criteria in the impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNEK Of (11C KopCily fail 19 ct)mplr With the said qualification criteria at any time during the fifteen (15) year period, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived Shall constitute a lien on the Dwelling Unit commencintig on the effective date of this Agreement and Aµ continuing for fifteen (15) years from emote of issuaarf ate certificate of occupancy or until repaid, Such lien shall be su enor,,, parr mount to the n`t� res in the Dwelling Unit of any s owner, lessee, tenant, mortg��eei Dr��ex���x, �� ���' County taxes and shall be on parity with liens of any such PO I' YAW -'s"' f►o le 0default of this Agreement and the default is not cured �4 (30) days atter w aen rioil OWNER, the Board may bring a cavil action to enforce �r�. em v. In add'the lien may be foreclosed or ?° otherwise enforced by the COUNTY byttoIL:ui in equity as for the foreclosure of a N mortgage on real property. This remedy is cumulative with any other right or remedy available c� to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys • • w fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for waiver of Impact Fees on the date and year first above written, Witnesses: OWNERS: �,,,,, '--� HABITAT FOR HUMANITY OF hIlet NamC Aria COLLIER C T ' /1M1. SOL..•— Print N 1; N s J Samue urso, M.D., President - 4 - STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this _s! day of M , 20W by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He 4personally known to mc, LMOMMEt [NOTARIAL SEAL] Signature of Person T c owlecigmrnc ,eLAUREN J. BEARD ame of Acknowledger Typed, Printed or Stamped wrt�atirrmi� � �� EXR15 IOU= I-M).NWARV rr NOWV S. K.. A W"ft Cu DATED: 'L2 9 D ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency r� Thomas C, Palmer Assistant County Attorncy V% C, SOA COLLI COUNTY COMMISSIONERS - 5 - 01 CO ANTI , CHAIRMAN? w W EXHIBIT "A" LEGAL DESCRIPTION LOT 12, BLOCK 9, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 31 AT PAGE 66, OF THE PUDLIC RECORDS OF COLLIER COUNTY FLORIDA. o gbsi}' { �i., fix,„ -6- �D N W 00 O1 3* 3* AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this 1day of_Jf�1998, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to .... ,� �31s as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as o all "OWNER." 0 WITNESSETH; WHEPXAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as ®� amended, the Collier County Regional Sewer System impact Fee Ordinance; Collier County o 6 Ordinance No. 88-97, as amended, the Coft� �uy(l; , System Impact Fee Ordinance; n r�� Collier County Ordinance No. 88-96,, tended, the Collier ' 0, Parks and Recreational o c" M w w Facilities Impact Fee Ordinance; Collie" Citty Oidirtance;io. 91- 1, a amended, the Collier No CAJ `�` IJI County Emergency Medical Services to lrrl l � � d �e� 'all r County Ordinance • • d s No. 92-22, as amended, the Colley u�ty�=R,o�d `Irpc� Fee rcina and Collier County N " =A Ordinance No. 92-33, as amended, 't °\Collier County Educ4xw"�ttonal Fact tt4irs System Impact Fee - Fv Ordinance, as they may be further am 4e4,from time to time he pingileY collectively referred to as "Impact Fee Ordinance", provide for wavers, o t for new owner -occupied dwelling N unit qualifying as affordable housing; and 8LS WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact g Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and W �a �o WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in ,, Resolution No. 98- �� at its regular meeting of _y� / 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein.-� 3. TERM. OWNER agrees that. �1��main as affordable housing �.� ., and shall be offered for sale in accordance with the standards se ort in the appendices to the Impact Fee Ordinance for a period,,of ftfieeh" 13 years co�n�ncing om the date the certificate of occupancy is issued for the Dwelling Unit 5`AP p \ ! r 4. REPRESENTATION Ai x TlI 4 W r piesents and warrants the P following: a. The Dwellin is a I be sold to a househol is ith a very low income as p � ` � ��t��lnp�et` Fee Ordinance and his/her defined in the an1c to� *Bob 11 monthly payments to purchase the Dwelling Unit shall be within the b G� affordable housing guidelines established in the appendices to the Impact ev v+ Fee Ordinance; o b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) from the date the certificate of occupancy is issued for the Dwelling years Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee - 2 - Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY 4 7. LIEN. The waived impacte� all berg the Dwelling Unit on the effective date of this Agreements w�h lien may be forec sed upon in the event of non-compliance with the requirem nts pif this epme 8. RELEASE OF LIE l pot ttt fav ry o le 'ion"', of the Agreement a a requirements and fifteen (15) yea a et�tfe date o`fisi ce of� �c � care of occupancy, or upon payment of the waived impar fib, the COUNTY sat tx ense of the COUNTY, o record an neves documentation iInin the terminatto ftlie lien, including, but not Y �'Y ',�� $a ,� 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 v+ the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 3 - 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencsncrn the -effective date of this Agreement and continuing for fifteen (15) years from the d � issuance n�c ificate of occupancy or until repaid. Such lien shall be superior and p�oupt to the interest l'n � Dwelling unit of any owner, lessee, tenant, mortgagee, or other persontxceliqhe lied for County taxes and shall be on parity with the lien of any such COn(y tae � S1jo ul� ftie� R be in default of this Agreement and the default is notl,�ctw within 3 ays after n`tto"otice to OWNER, the Board may bring a civil action to en o c this agreement Id'4i dition,jh� lien may be foreclosed or otherwise enforced b the CON bCtion or suit in a ys for the foreclosure of a y q mortgage on real property. This remedy is cuiha► a# vd t arty other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for .�. N judgments calculated on a calendar day basis until paid. �+ N IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: _ HABITAT FOR HUMANITY OF Print N el' - - c COLLIER COUNTY, INC. 'nt Name ..fi�� ..�ic� BYE r: _ L harles C. SIP, i, ice Presid t - 4 - DATED: ATTEST: DWIGHT E, BROCK, Clerk l�#t t as to Chalasau+'s si alture only$ , Approved as to form and legal sufficiepcy d.A z eidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF collier ) The foregoing instrument was by Charles C. Smith, Vice PresideAt 1 known to me. l.r BOARD OF COUNTY COMMISSIONERS COLLIER. COUNTY, FLORIDA -. • • E of —1998 y, rnc. He i personally [NOTARIAL SEAL] Signa of �r Taking Acknowled ie t ' Name of Ackuowledger Ty, Print or Stamped �+ V JOANNE OALBEY e's MY COMMUMM I CC T"6U CP1 exnaes osnaaeai ~ ENOT XY fh Hary Swwww L Co jd/gm/c/naples manor lakes/agree - 5 - OR; 2451 PG; 2614 EXHIBIT "A" LEGAL DESCRIPTION LOT 12 OF BLOCK 11, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. NAPLES AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this,L day of� 1998, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Ordinance No. 88-9()/", e Facilities Impact Fee Ordinance; colli County Emergency Medical Services,,?S, ?a No. 92-22, as amended, the Collier, Ordinance No. 92-33, as amend4,#F Ordinance, as they may be further arho as "Impact Fee Ordinance", provide for the Impact Fee Ordinance; Parks and Recreational o. 91\-71,'4s amended, the Collier ttd` Irnat Fee",Ocii 'ollier County Edu tional F from time to time ntr6 unit qualifying as affordable housing; and County Ordinance and Collier County System Impact Fee collectively referred to owner -occupied dwelling WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-.;Z?7 at its regular meeting of / _, 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. ..n ' 3. TERM. OWNER agrees that e�weiiiiig tlntT premain as affordable housing and shall be offered for sale in acc0dande with the standards se f ort in the appendices to the Impact Fee Ordinance for a period of fifteen (1!eatscomrtncing from, the date the certificate issued for DwellingJnit E of occupancy is the n i 4. REPRESENTATION A) *AR`R) I TI x OWNER repr is and warrants the 4$!' following: a. The Dwelling 4U*t` WVUa sold to a hp u F Id` with a very low income as defined in the appertc3co tt pact Fee Ordinance and his/her WIND _%n v monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact N e� Fee Ordinance; n w b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee 2 - Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 31 7. LIEN. The waived impmon the Dwelling Unit on the ON effective date of this Agreement"'/ titch lien may be foreosed upon in the event of non-compliance with the 8. RELEASE OF lotion of the Agreement requirements and fifteen (15) years a r.,Ih datbu-6f is uahce of be c. #[l cate of occupancy, or upon payment of the waived impart ,fps, the COUNTY sh# I a the tense of the COUNTY, N" , p� record any necessary documentation i.denging the terminattott �Ih-e lien, including, but not .. N limited to, a release of lien. s c`�r .,a 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the ' case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing.-an-thpxeffective date of this Agreement and continuing for fifteen (15) years from the ate ® -issuance e t rt!ficate of occupancy or until repaid. Such lien shall be superior anparamount to the intere4,,' in 'die Dwelling Unit of any owner, lessee, tenant, mortgagee, Or other pers�i[f�excep�t the�h�n for un y taxes and shall be on parity with the lien of any such COuttkty axe Sh�u�WNER be in default of this �. d E Agreement and the default is note �edthit 0 daafteiftterptice to OWNER, the Board may bring a civil action to eia'fvi�c this agreement Ir ddiort � lien may be foreclosed or otherwise enforced b the COUN etion or suit ins for the foreclosure of a Y � �►Y mortgage on real property. This remedy is °ctjjjrj't j J,-il arty° other right or remedy available v to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys .b e; a fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for v, judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS: HABITAT FOR HUMANITY OF COLLIE COUNTY, INC By" Larles C. , V'ce President i - 4 - DATED: /0r/"/0v- ATTEST: DWIGHT E. BROCK, Clerk Attist as to Chairsa-3 Signature only. Approved as to form and legal sufficiency I -,I F., /I, I A I,,,, , t I --"..-.-- Heidi F. Ashton Assistant County Attorney STATE OF Florida COUNTY OF Collier The foregoing instn by Charles C. Smith, Vice Known to me. [NOTARIAL SEAL] Signer of BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M asj; otFneis la aonity ofklcwu�i Name of Acknowledger Typed, Pdnted or Stamped j&pVc/naples manor lakes/agree JOANNE DALBEY v 10 MY combassm 0 CC 7X612 01 LKNAES: GSW= v i.NO-1-NOTAXY F%kxWy$w"sn4kawd"Ca — 5 - of 1998 y,',Vc. He i(personally EXHIBIT "A" LEGAL DESCRIPTION LOT 13 OF BLOCK 11, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COI,'NTY FLORIDA. E N t..s+ y N O �.7 NAPLES '1�eo 2* 30 so AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this day of 1998, by and =F between the Board of County Commissioners of Collier County, Florida, hereinafter referred to 0 � as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County a� Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as v o N a a W amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County o *sib ca Ordinance No. 88-97, as amended, the Calfeant t,brary System Impact Fee Ordinance; co Collier County Ordinance No. 88amended, the It ounty Parks and Recreational 7v Facilities Impact Fee Ordinance, Collier Cots ay Ordinance N' . 91 71, as amended, the Collier t M o County Emergency Medical Services,-$y6ten Imp t Feer i ce, r Cotiier County Ordinance it � r� No. 92-22, as amended, the I Concert Co nt Rogo, t rtpactVf ee Ordinance; and Collier County ra Ordinance No. 92-33, as amen the Collier CountyTducational*-cilities System Impact FeeCAJ ♦�.. Ordinance, as they may be furth i�amgnded from time to't -heidiafter collectively referred to as "Impact Fee Ordinance", provide ' wa,er� of trpa fesftr new owner -occupied dwelling unit qualifying as affordable housing; and d. WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban W a es Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and 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 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-,.Z at its regular meeting of ____, 19`}g; 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") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordain { 1 iestar rd,s set forth in the appendices to the ..� Impact Fee Ordinance for a period `��fteen (IS) years con % ttcc. g from the date the certificate of occupancy is issued for the=Dwellirt Unfit r 4. REPRESENTATION$ A WARM' 't t V NER represents and warrants the following:. h µ , a. The Dwt04*, g Unit shall be sold wa house hd� with a very low income as defined i �Iiihe,appendices to the I, 1pacA" Fee Ordinance and his/her monthly payrieptos ur he s$ th e,bwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance, b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set firth in the Impact Fee Ordinance. b. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; whrc. ltn(�foreclosed upon in the event of non-compliance with the requirerneW f°this Agreement 8. RELEASE OF,/L(I Up�pn_satisctory'corrtpletion of the Agreement requirements and fifteen (15) years -ager 4 da4te `fjs the certificate of occupancy, or a it 11 upon payment of the waived imac feed te�C4'1?T' sial attheexpense of the COUNTY, h� .• ms?µ � ..�� record any necessary docum� t# ton evidencing the t rminatiorl of the lien, including, but not K limited to, a release of lien." . 9. BINDING "binding upon the parties to this Agreement and their respective heirs, pe S a .." g l �esentatives, successors and assigns. In the N case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for ..r a.:+ the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or parity with the lien of any such" e Agreement and the default is1,fiot rx Board may bring a civil action tolef or otherwise enforced by the �'C( mortgage on real property. Th* to the COUNTY. The Board shalf fees, incurred by the Board in enf �b4n4y taxes. Should,, ur+thim 3'0' days a , ice th s a `t�itX ` n T 'k46tibri suite nedy is cumulative*,mith ;e\entitled to recover afl judgments calculated on a calendar day basis for County taxes and shall be on R be in default of this notice to OWNER, the ifion,�the lien may be foreclosed IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Named "-'nt Name,.,,y OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. - 4 - Charles C. Smith, Vi President 1, as for the foreclosure of a ui _° 'her right or remedy available . . bola !s And costs, including attorneys interest at the statutory rate for�- N O ,-" vN IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Named "-'nt Name,.,,y OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. - 4 - Charles C. Smith, Vi President DATED: y11y ATTEST: DWIGHT E. BROCK, Clerk test as to na i r .art' S 'stgnature only. Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instr4 by Charles C. Smith, Vice known to me. [NOTARIAL SEAL] BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA mffN;q.lat�" ��x i , Ny'4-acknowledged beforeMe I leni rf°H4bitat for ffumanity y r Sim of Person Taking Ackno-vie V �y Ir 3 E 0ttt N o Name oAcwledger Typed,, o. Stamped N d [HQr"y 1-5110 Si.►1L OF V1,03 �i wrOMMI-N WN E.P.1i.,�YX.: jd/gm/c/naples manor lakes/agree - 5 - '-" day of ' t . . -. 1993 Mier County, Inc. He is p onally Y �y Ir 3 E 0ttt N o Stamped N d 'tet �i E\H!B T "A" LEGAL DESCRIPTION LOT 3OF BLOCK 12 NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK % ATPAGE 8,OFTHE PUBLIC RECO) OF COLLIER COUNTY FLORIDA. \ \ S ` ® ~I \� : . . \ ; \ , . � \\ :\< � � \ 1-j e ����y \/ ( ; - 6 - {� } 0 ft3 . � � a � ca t. l�lf'/!d iT tt Hbtae/vc�ocdC9cCl Prooaea'(r MCPS 0'9 " ;' _ 57 REVISION: ZONING_The ____—OTHER_= �$_ �7— cv.rty Soyroc P41�gAC(Aq MV00C of alc"aeacgc 1W. I TIII I.Y.• II••1 0430 04141 30 O N 601, Q !V 30 20 30 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of _ 2000, by the County manager on behalf of the County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 98.69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impg Fee-rdtttance; and Collier County Ordinance No. 99-52, the Collier County Correctt�ia#�ailIaes lmpact,Fe;rdinance, as they may be further amended from time to time, , herdir1*err co �tively eterre to s "Impact Fee Ordinance", COvide for waivers of l act° fess or n,{ trio rd� dvellin unit ualif in as P p �, .� S 9 Y affordable housing; and % 1... , Z� izt WHEREAS, OWNER'(k.40plied for a waiver bTmts as required by the impact x } Fee Ordinance, a copy of said ap `Rcffice of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has concluded that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, by signing this Agreement, the County Manager has approved a waiver of these impact fees for OWNER, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows; 1718619 OR14 1756 R 3336 atm 11 091cm = at ool�tul corlm, tslt�l:� at f:�tn1 �� �, usoal, qua nc m ��a:una uw OR: 11% R 3337 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein, 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as afi'ordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fitleen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a the appendices to the Impact F Dwelling Unit shall be to the Impact Fee Ordinc b. The Dwelling Unit c. The Dwelling Unit C with a very low income as defined in uidel homestead of ort�O payments to purchase the fished in the appendices d. The Dwelling Unit shall remain : , 'iord� h ang for tifteen (1 S) years from the date the certificate of occupancy is issued for the Dwelling Unit; and C. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,698.82 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. A list of the various waived impact fees is attached hereto as Exhibit "A." S. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of titieerl years atter the date the certificate of occupancy is issued. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the OR: 2156 N: 3338 8, RELEASE OF LIEN, Upon satisfactory completion of the Agreement requirements and fifteen (1 S) 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 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 arc paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied, In addition, this Agreement shall rttn with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Coll, .Florida, within fifteen (15) days atter v tX execution of this Agreement by the-,, tvlanager, 1 t . DEFAULT, o..1�VN1:R `be to dcfaulT of thlg>ement (1) where OWNER tails to sell the Qwellinglni("'its a 'orattce'vih aio"r�ia6le housing standards and vz "Sn qualification criteria establtsc 'in the Impact Fee Ordinance a thereafter fails to pay the impact fees due within thirty 0a'of said non•compl)�o,ot (2) where OWNER violates one of the affordable housing qualific tca Ateri M I Impact Fee Ordinance for a period of _77 - fifteen (15) days after notice of the violation, 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (I 5) year period, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall Constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except liens for County taxes and shall be on parity with liens of any such County taxes, Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. OR: 2756 PG: J339 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: L 1t�ll:T�R� Print Name STATE OF Florida COUNTY OF Collier OWNERS: HABITAT FOR HUMANITY OF COLLIER BY: M -D,, President The foregoing instrument was acknowledged before me this \day of 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc, 1-1 is pwonally known to me. [NOTARIAL SEAL] COMMISSIONERS STATE OF Floida COUNTY OF Collier The foregoing instrument was acknowledged before me this 15 day 490EMIOV,2000 L Thumas W. 011tff, the County Manager. Ile is personally known to me. 004 a c[NOi'j Si o en Taking Acknowledgmentia� a,!: t 0111M L. MIMICK Name of Acknowledger Typed, Printed or Stamped and legal Sufficiency r� Thomas C. Palmer Assistant County Attorney 09. 2156 PG; J310 EXHIBIT "A" LEGAL DESCRIPTION LOT 3U, BLOCK 119 NAPLES MANOR LAKES, AS RECORDED IN PLAT BOOK 39 PAGES 86 AND 879 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. G. Sewer Impact Fee 51,575.00 H. Correctional Facilities impact Fee 117,98 TOTAL IMPACT FEES $79698.82 { G. Sewer Impact Fee 51,575.00 H. Correctional Facilities impact Fee 117,98 TOTAL IMPACT FEES $79698.82 A. Lib' Im act �P Fcc B. Road Impact Fee 10- E C. Parks Impact FCC; 820.84 D. EMS Impact Fee 93.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,27500 G. Sewer Impact Fee 51,575.00 H. Correctional Facilities impact Fee 117,98 TOTAL IMPACT FEES $79698.82 .. M OR! 2156 FG: 3341 ttt - o o GM ■ I>CeEGNO NCO NADAfIWE11C R •: Rhm n"T P��TMWAY ct • CEITOMK e . TE MONUMENT C■� C (EMUST, USoERE0D AD tAlr ct . OUN LM NAT • NAA A TAB SEC • SECTION . FENCE p . low gomlE (H a �A ygMAlt.NI oti - oyIL1e►EAo sw - 9XWALk SS • SANTlay SI R • - • MM ON LESS k CONI - CONCRETE CaFfto P - PUT POINTor �T 0. IN • TUAVOWY KOK16 T . Too"lw ; 11100jj (K p : GEED Po : KINT CN ■ CAIE IEUWSIaI O SET 0" (5/e of - ppAKAOE EASEMENT PI POINT Or INTERSECTION tY - SICH NOW MM WIN CAPS) ON ■ OIULL MOLE Ply - POSIT S10NAl LAUD SURVEYOR UA . UN „1. • jtjfMM UNE oR • URAINAGE POB ■ POINT OF eOMMIDI c U[ • UTILITY EAjEl1ENT UTIUT EA3 A _ ARC AC w ATR 00HPITIONER ow . DRIVE WAY EL - ELEVATION POC POINT Or COIM HENT PP • f'OwERR 1GlE UiY - UTILITY wD ` waao AFP - APPAW&ATE ISM? ■ 45*111I M - FISTED rloaR ELEVATION PRM • P(IMW�NT RErERENCE MONUMENT ,IN . MITNESS Mo1MUNT A1iPM� ■ A�NALT s fm PT • PONIT or TAMANT X" Tptmv MIER NO • euualEAO Ow . GUY Wtr PWT ■ PAVEIKNT P -DO - MMD" Aix ■ ROM M . MEASURED M" • MEAN NIGH WATER R - RADIUS OR RANGE KC ■ RECM---- LOT 11 x I BLOCK TWE LVEx v N 50'28'30* E_ 60.00' I 5/r ,G Rao b x -� MCMNN rEaNC.� P— ----- --- Sf f Vr RW 1-0. P.►. S' UMUTY EASEWENI In N ...-.. • CAP FROM _- P,P. o o O � M LOT 30 BLOCK TWELVE LOT 31 e: MOND EL »' 1111111— LOT 29 BLOCK TWELVE M v 6CK TWELVE ON J S\R Z z L h i k c k � `�•-.� 'gyp " "" - SE 15/e' ROU ��• A'�A. s CAP _ P. N 50-28'30 EYP 60.00 P s SET NAL — �� 11141 A SE T NAA 00 ,00' i TAO CX - T. M. POWARD S TREE T FL. 1.11' STATE OF ROM) COUNTY OF COLLIER) 60' R/W V LJ.. W 0 ti - 0 0 ILIJ I w Q A Z .J Q V I, F, W. Rowe, a Registered land Surveyor in the $tote of Florida, hereby certify to Habitat for Humanity of Collie► County, Inc. that the foregoing plot represents o survey of the f011owing described premises: LOT 30, BLOC( TWELVE, NAPLES MANOR LAKE5 as recorded in Plot Book 3 Page 86-87 of the Public Records of Collier County. Florida. That a survey of the above described property was mode under my dkection and meets the WInknum Technical Standards as per Chapter 51011-5 Florida Adminietrotive Code, purwont to Section 472.027. Florida Statutes. There are no visible eflcroochments other than shown, no easements or claims of eosemente of which we hove knowledge No title search hos been made by the surveyor. No attempt has been made to Ioeate foolere beneath the surface. Street Address Is 9341 Broward Street, Naples, Fl. Bearings conform to Plat Book 3 Pogo 86-81 Elevotlone ore N.C.0, run in from BM T250 RBVI9tON3 BOUNDARY SURVEY ICM Proparty is In Flood Zone "AE" NOTES 100 -year Rood elevation Is 7.0I F8 1146/7 16SO0.DWC 0-13 LAN HABITAT FOR HUMMeTY or COURN COMITY. Re F. W. Rowe PLS /2503 Not va unless signed and Aedes with embossed seal. PoRma-ROWS A890MM. INC. 1B 061!1 ZX4 LNMf00D AVE. WIPLE% fL. 341112 SCALE: I'm 20' DATE: NOVEMAER 11, 2000 (9411) 115.1511 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of 20001 by the County manager on behalf of the County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITN ESSE"r It WHEREAS, Collier County Ordinance No, 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92.22, as amcndcd, the Collier County Road Impact Fee Ordinance; Collier County Educational Facilities Ordinance No, 92-33, as amended, the Collier Collier County Ordinance No. 99-52, the Collier County Coryteticarial Facilities Impact Fee'Ordinance, as they may be Anther amended from time to provide for waivers of i affordable housing; andz WHEREAS, OWNER ham Fee Ordinancc, a copy of said apf Improvement; and "Impact Fee Ordinance", Baer -out welling unit qualifying as a waiver o tipact tees as required by the Impact in the office of Housing and Urban WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has concluded that it complies with the requircmcnts for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, by signing this Agreement, the County Manager has approved a waiver of these impact fees for OWNER, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 2728607 OR; 2756 PG; 3264 111=11 Imcm ucoot of t1n to 11, B 111illtlll it 11:11X IIIi11 i. IIOCi, QC fit il,il IiaMM ewer III Ir!{IOffICI �11a OR: 2756 PG: 3265 I. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION, '['he legal dexriptiun of the dwelling unit (thC "DW01ing Unit') and site plan are attached hereto as Exhibit "A" and incorporated by reference herein, 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall 6e sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines esta6lished in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be c. The Dwelling Unit d. The Dwelling Unit date the certificate of occl pate [s i e. OWNER is the iia pomp buyer; of owns' ; '616 ousingfor `I [e'lli�nif : ar { elUnit and` (15) years from the impact fees in the total amount of $7,698.82 pursuint e61he Impact Fee Ordin e , return for the waiver of the impact fees owed by OWNER, Ohl�weantAg rees to comply with the atiordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. A list of the varivus waived impact fVV5 b attached Woo u Exhibit "IJ." S. SUBSEQUENT TRANSFER, If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for 40ordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fccs shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement, - 2 - OR; 2156 PG; 1266 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the ccnificate of occupancy, or upon payment of the waived impact fees, and upon 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, 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 Nee Ordinance are satisfied, In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days alter execution of this Agreement by the County Manager, 11, DEFAULT. OWNER shall be in default of this Agreement (l) where OWNER fails to sell the Dwelling Unit m ccrd1) 400rdable housing standards and qualification criteria established in impact fees due within thirty(30 one of the afforda6le housi fifteen (t S) days after notice Fee Ordinank ant, thereafter fails to pay the (2 where OWNER violates i atferia tri the Ir tai t Iriv, ordinance for a period of a 12. REMEDIES. Show I. c0W tR of the A r riy fail to comply with the said -. qualification criteria at any time during the ti=fiee6-0 5) year period, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except liens for County taxes and shall be on parity with liens of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien 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 cntiticd to rccover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. OR: 2756 FG: 3267 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: STATE OF Florida COUNTY OF Collier eu.,v� OWNERS, HABITAT FOR COLLIER C010 The foregoing instrument was acknowledged before me this -V'�Iay of .-L,,-,-2W0 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. I P [NOTARIAL SEAL] Signature of Person TAW Acknowledgment - N� (%t C -CA e of Acker, "?hinted or Stamped j'' LAUREN I BEAR7w"" MY COMMISSION r U ` NpNI WRES:ItV2U2UU2 . I fti-WAR ib Nam Sm Ka 16 €3: COCINTY COMMISSIONERS YL COUNTY, FLORIDA d ?-I+z Li77y", 4 a EON1V,TLLIFFTIZTY MANAGER STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this ! day of bK&406 , 2000 by Thomas W. 011iff, the County Manager. He is personally known to me. I lure o i Taking Acknowledgment NNtFER 1. YINICK Name of Acknowledger Typed, Printed or Stamped Approved as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney - 4 - A. R. C. D. E. F. G. H. OR: 2756 PG: 3268 EXHIBIT "A" LEGAL DESCRIPTION LOT 319 BLOCK 129 NAPLES MANOR LAKES, AS RECORDED IN PLAT BOOK 39 PAGES 86 AND 879 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOTAL IMPACT FEES S7,698.92 - 5 - Library Impact Fee 21 A0 Road Impact Fee` s� Parks Impact Fee: 820,84 EMS Impact Fee 93.00 Educational Facilities System Impact Fee 1,778.00 Water Impact Fee 19275.00 Sewer Impact Fee 51,575.00 Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES S7,698.92 - 5 - El CENTEIRIK IN SDICM N LEGEND NOtio . NATIONAL OEOOETIC R/P ■ RANA POINT M011'A1C111 CMI Or RD) OTIC&OTNERr!![ So � or Y i - MT1C11E1E C! CHORD REAP" (UNIM NOTO - r0 a a • craw Eee1 NiT . NAA A TAI SEC • SECTION o . FOUND NON ♦ - • WK on LESS CM . CONCR[It MOIRNrNT CONC ■ COMTE - ON - OWWAD P - PEAT SW . OKWALX SA ss - MIMY UM SCALE NOT 10 E ON - C" PC . P=T a CURVANU 1 ■ T0VM - ■ POW LUNE D - DEED PCP ■ Pt7bm"T C0111111101, 111110 1 PONT TIM TEMPORARY a<NCNM O AfEl1E111 N . POINT or w1ERlEC11oN CIV . RLLN�dI KM Mil GTP$) -T- - TutraoNE Le1E ON ■ ML "Qu DR - ORAwAOE vLS ■ PR!>sEt1lIONAI L" St* MOR 101%"MCal U/b ■ 01000M A • ARC DW s Of1riE WAY POe ■ PONT CF etOse19 VE ■ tfTAITY CASEMENT AC • AN CON0111010ER EL - ElEVADON POC - POINT Or CO1iKNCE11E11T UTY - UTtM APP • APPMNATE ESNT - CA30UT PP - POWER POLE rLoOR ELEVATION PRM - KNA10 ENT REFEREIKE MWAUT WD - WOOD eM - MITNESS MONINIENI ASPM • A9PNAI.1 ftp - ru PT - POINT a TANDANT m ow ."*wpm e � 0 DAMA aw - GUY WIRE PWT - PAWME T - qA • mul Y M EASWO lrRr . " Nidi wATU R . RAPM an RAMCE AEC ■ Alex v— %ND. $/I* Rao �IMt 0.Y E 0 0 Ui LOT 32 3 BLOCK TWELVE o n LA FND. S/e' N owl Or E LOT 10 BLOCK TWELVE N 50'28'30' E 60.00' W UTILITY E"IWNT LOT 31 BLOCK TWELVE p10MEL• 73' )(I � 1NNf FENCE P N 50'28'30' E 60.00' 30 {TWELVE t & i ..:;„amu WL- � ¢' r 3369 ic, 2394 A, "-a flaw 0') a (r) i i 6 SIT 9 � — _ c PAA cti— -�— °°-- °� _.6700 . ----�- cls-- -------- = cA+--- BROWARD S TRE E T 00' R/W T.,M. EL■7.N' STATE OF FLORIDA) =MTY OF COLM) I, F. W. Rowe, a Registered Land Surveyor in the State of Florida, hereby certify to Habitat for Humanity of Collin County. Inc. that the foregoing plot reprowts a smey of the following deeCrttled prNnbe/: '� LOT 31, BLOCK TIME LVE, NAPLES MANOR LAKES at recorded In Plot Book 3 Pogo 86-87 of the Public Records of Collier County, Florida. That a survey of the above described property was made under my direction and meets the Minimum Technical Standards as per Chapter 01G17-5 Florida Administrative Code, pursuant to Section 472.027, florWo Statutes. There are no visible encroachments other than shown, no easements or claims of easements of which we have knowledge. No title search hos been mode by the surveyor. No attempt has been made to locate footers beneath the Surface. Street Address is 5337 Broword Street, NopM *s. F1. &wings conform to Plat Book 3 Pop 86-87 Elevations are N.G.V.D. run In hT am T250 property is In Flood Zone 'AE' MOM it RMONS [ BbiltiDARi SUM 100 -mw flood dmtbn h 1.0'�—r--- � r'—'�i— " F. W. Rowe PLS /2503 Not Vold unless signed and mood with embossed seal. FEI 1 T 46" I0300.OwG (D-13 (L -N) NAeITAT FOIe IRNIAMITY OF COMA CMM M PORTSLt,A-11M A330CIA'lM INC. L3 010 2364 U4w1000 A& NAPLES, la. 31112 SCALZ: 1•- lo' [ATE. NIMAN R 11. 1000 (e41) ""Sit A AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisg_%Say of 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred td+ j fv Q as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter reterred to as- ° H aM m "OWNER" o Y WITNESSETH: 'V t C.� C") WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, o the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, _o as amended, the Collier County Parksan 1k#r�tt fi*j`) Mies Impact Fee Ordinance; Collier County Ordinance No. 91-71, as,,"altdeid, the Collier C'64�-Iymergency Medical Services o .p System Impact Fee Ordinance- Coliier�,C untj Orth t e No 2-2 , as amended, the Collier r County Road Impact Fee Ordnan,e, t✓o%er e No 92-33, as amended, the a �, 4 A Collier County Educational F li�ek,n.,S a Imp ,Fee ?rdina e,` as they may be further o o`Xo amended from time to time she`e�rtafter collectively referred to.,, "Impact Fee Ordinance", 4? ,, provide for waivers of impacCT�esJnew owner occtipled dwelling unit qualifying as «� �. N affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact b C Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and t� WHEREAS, the County Administrator or his designee has reviewed the OWNER's o application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in 10 Resolution No. 99- ' at its regular meeting of _P—e-�*w j23 1999, and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. , 3. TERM. OWNER agrees the Divellirrgtir mall remain as affordable housing and shall be offered for sale in /aecoa with the standards et rth in the appendices to the Impact Fee Ordinance for a ppnod of fifieen lS) gars commencing Oom the date the certificate of occupancy is issued for the Dw,'01 )tg�nt 4. REPRESENTATIONS A'ND V1AR>tA1T S.1Ircpresents and warrants the s following: a. The Dwells �isiall be sold to a ispYiold with a very low income as , ., defined in the appeit ces t th@ Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall he within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for 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 $6,779.52 pursuant to the Impact Fee - 2 - Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived upon the Dwelling Unit on the effective date of this Agreer ei4i, . which lien may be recPgsed upon in the event of non-compliance with the 8. RELEASE OF LAEN.'7' f 0, Pon', sai(sfaiit r)� kotnpl tion of the Agreement requirements and fifteen (15� y' .04rs,4fter thtaCef ssuarrc c#'tlte certificate of occupancy, or upon paymentof the waived r Int fees, the COUNT��ha(l, ,at expense of the COUNT', o, x �.r a record any necessary documents i, evidencing the term rt -44i' s of the lien, including, but not _ limited to, a release of lien.` s .-� . o0 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this V"V Agreement and their respective heirs, personal representatives, successors and assigns. In the .� WPM. L" case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for 68�1- the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance fur a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from t e i 4" ie otthe certificate of occupancy or until repaid. Such lien shall be supenot 4nd paramount to the if" est in the Dwelling Unit of any `\� ownar, lessee, tenant, mortgagee, of oth& rson except tie lien r bounty taxes and shall be on parity with the lien of any lsuc ' 606 11 u ci t 0",1 R be in default of this Agreement and the default t n6i1\cure vV t 344fi) ays after, wr„t`l)' n notice to OWNER, the Board may bring a civil action' o force this agree-me�, In adc)it '/the lien may be foreclosed or otherwise enforced by the C -,Y by action or suit r i e yrity as for the foreclosure of a o mortgage on real property. This remedyJ,,, ulat � tl> any other right or remedy available CIIJI co to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys VMS fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgements calculated on a calendar day basis until paid. vim+ IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HUMANITY OF COLLIER OUNTY, INC. BY/ w'�,f t� r _ - 4 - arlEs C. Smith�ece P esident r" STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this � day of , 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Col Tr County, Inc. He is ersonally known to me. [NOTARIAL SEAL] �i' ature of Person Taking Acknealedgment JOANNEY wvaecc7soc,aKW DATED: a,D!�19 l ATTEST; DWIC ft hNROCK, Clerk Heidi F. Ashton Assistant County Attorney jd/gm/c/naplesmanorlakes/agree of Acknowledger Typed, Printed or Stamped BOARD OF COUNTY COMMISSIONERS - 5 - IER COUNTY, FLORIDA 0 EXHIBIT "A" LEGAL DESCRIPTION LOT 1, BLOCK 13 NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - N G> b W 0. *** OR; 2518 PG: 1458 *** OCnTIr4cATv- 10-m"Csr CC1•TIrY. TMI• TO ac A PLAT Or A sun tiAAOC 0, MC, THAT LJCM ►1_A•T ANO WAVCY 4 ANO GOI•I•Er'l' V0 TMC &C1T Or MY Kl%60%% Ab4 •CI.Cr ANO OCW'4A&ACNT ItClrCStCNCC •AOI^AMt# AI•C xT •N ACCtI•:JA NC I. WIrM TFC PAQNI•�9NS sLCTI01 7• CHAP TCI• 10?73 . LAW Or r".ORiO^ Or 1o1: Rr..isTCwra SUAV VOR 5 TAt OrTMOAIOA IR �r JF M s• ' s. • o _;. l FIOR/0.4N � woo 7C-- AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into chis _ day of 20001 by the County manager on behalf of the County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH; WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance, Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91.71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92.22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact -Fee -Ordinance; and Collier County Ordinance No. ' ex 99-52, the Collier County Correctto k�tfltles Impacerdinance, as they may be further amended from time to time, provide for waivers of i affordable housing; and WHEREAS, OWNERS Fee Ordinance, a copy of said Improvement; and ively referred to for a "Impact Fee Ordinance", ling unit qualifying as as required by the Impact iota being on fite"' 4b office of Housing and Urban WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has concluded that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, by signing this Agreement, the County Manager has approved a waiver of these impact fees for OWNER, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 2720609 OR; 2756 PG; 3276 11l21l1W it WUN Haat 1. UM, am Ne In tt.S$ hta: um ION III I1MO 10� N -1- OR; 2756 PG; 3277 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as atlordable housing and shall be ofTered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit, 4. REPRESENTATIONS AND WARRANTIES, OWNER represents and warrants the following; a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housini& guidelines established in the appendices to the Impact Fee Ordinance; � b, The Dwelling Unit c. The Dwelling Unit 0 U d. The Dwelling Unit soli r lr aln a 8'ordai housing ,.1i fifteen (IS) years from the date the certificate of occu " is issued for the Dwelnt�it`and e. OWNER is the owner of reand owes impact fees in the total amount of $7,698.82 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covcnants 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." S. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREIUENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, 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 impact fees shall be a lien upon the Dwelling Unit on the eff&tive date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. OR! 2156 PG; 3218 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 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 provisions of paragraph 8 are satisfied. 10, RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the County Manager, 11, DEFAULT, OWNS fails to sell the Dwelling U qualification criteria establ impact fees due within thi one of the affordable housing fifteen (15) days after notice of 12. REMEDIES. Should ,,, accordance with the the Im}ct k�c Ord 5 i ,J ,I e° tys t h r r -c mph �cativn criteria in ill Agreement (1) where OWNER housing standards and fails to pay the where OWNER violates Ordinance for a period of J r le -property tall to comply with the said qualification criteria at any time during the fttteen (15) year period, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except liens for County taxes and shall be on parity with liens of any such County taxes. Should the OWNER be in default of this Agreement And the default is not Cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid, 3; 2756 PG; 3279 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. itnesses: Print N STATE OF Florida COUNTY OF Collier 3"t OWNERS: HABITAT FOR H COLLIER COIW 4 "1 N ITY OF M.D., President The foregoing instrument was acknowledged before me this =l4day of d, 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. cam, [NOTARIAL SEAL] Signature of Person TddVAcknowledgmcnt r LAUREN J. BEARD MY COMMISSION I C('77'198 MUS 10124CW2 ro Now) Soma A STATE OF Florida COUNTY OF Collier ame of Acknowledger Typed, Printed or Stamped ti CU .. ... ..... g J BOARD F C6 LIER 0 4� THS LINTY COMMISSIONERS CITY, FLORIDA MANAGER The foregoing instrument was acknowledged before me this 15 day of , 2000 by Thomas W. 011iff, thegEA LY County Manager. He is personally known to me. O ,, f, Taking Acknowledgment -JENNIFER L. MIMICK Name of Acknowledger Typed, Printed or Stamped Approved as to form and legal sufficiency �bP�v Thomas C. Palmer Assistant County Attorney • 4 • OR: 2756 PG: 3210 EXHIBIT "A" LEGAL DESCRIPTION LOT 20, BLOCK 139 NAPLES MANOR LAKES, AS RECORDED IN PLAT BOOK 3, PAGES 96 AND 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, C g r 4R�� ,a J'�3 � �• � s � � �' h"'k YEI) M B ;x IMPACT FEE B1Kbo�'�s A. Library Impact Fee ° w' I4.00 B. Road Impact Fee 11825.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 93.00 E. Educational Facilities System Impact Fee 1.778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee $1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES $7,698.82 "I OR: 2756 FG; 3281 M CA • CENTfftM 10 - epqUAN LEGEND NGw ■ NATIONAL GEOMOC R/P . RANA POINT ®■ CONCRETE MOIRNENT C • CM WRWAt OATW Or 1919 R/V ■ 001 OF WAY a■ DELTA Cl - CHORD KARINC (Micss onl wdu NOTED) SCR . Scam - - FENCE 0 . I= NON CL - CHM LINK CJI • CONIXTE MWAIENT NeT NAL a TAB SEC - SECTION OR LESS CONC - COMMYE ON . OWN" P . PUT SW . SIDE We SS - SAMMY SEsER =MORE NOT TO SOAIl; COR ■ C" PC . POINT Or CIMAR1Rf T . low" ►0%FR LINE 0 ■ SET Nal (S/s o - DEED Of ■ DRAINAGE fASIMINT PCP ■ PETMIIVENI CONTROL POINT TOM - NEM NtY KNOWN KIMR WIN CATs? ON ■ MU Hou PN . POINT Or NTERUC110N CIV ■ CABLE 1ELEVi" TV . TEIEMSION ►- - TELEPHONE LINE 00 - "AGE PtS - PRO IMONAI LAW SURVEYOR U/O . UNDEf10R01N10 A - ARC Dw ■ ORIK MAY POB ■ POINT Or BEQWNG UE - UTILITY EASEMENT AC ■ All DONOITIONER EL - ELEVATION POC ■ POINT Or COMMENCEMENT UTY • UTILITY APP s APPRD1dIAlE ESMIT ■ EASEMENT PP ■ POWN POLE ��ppp 1sPN .ASPHALT rrE - nNISMED FLOOR ELEVATION PRY - PERMPA NT 4MINDACE MOMENT tin : 1NiNE53 MNONUMENI info - fatA�aHtAO I`ND s FOIM PT ■ POINT Or TWAT XnA - TRANSFORMER L00 - ax OLD OW - GUY "RE M ■ 1NASIJItED PWT - PAVEMENT R ■ 11#M OR RANGE uNw - MEAN NY/ WATER REC - RECM Tom SET NAZI . FAB cit ------ — --- -- -- en — --- TRAMME LL. S TRE E ---- �n — — ---�} T 60' R/W SI T S//' ROD e C&- 101 19 BLOCK THIRTEEN rm, 5/r RW PM STALE Or rLORIDA) COUNTY OF COLLIER) 9f LOT 21 BLOCK THIRTE E N R = 50.00' DELTA = 90'00'00" A = 39.27' C = 35.36 91 W_ X_ W D Z w Q 1, F. W. Rowe, a Registered Land Surveyor in the State of Florida, hereby certify to Habitat -for Humanity of Collier County, Inc. that the foregoing plat represents a survey of the following described promisee: LOT 20, BLOCK THIRTEEN, NAPLES MANOR LAKES as recorded in Plot Book 3 Pogo ais-v of the Public Retards of Collier County, Florido, That a survey of the above described property was made under my drectian and meets the llinlmum Technical Standards as per Chapter 61C17-6 Florida Administrative Code, pursuant to Section 472.027, Florida Stotutes. There are no Visible encroochments other than shown, no easements or clolms of easements of which we have knowledge. No title search has been mode by the surveyor. No ottempt hos been made to l000le footers beneath the surfoce. Street Address Is 5370 Trommell Street, Naples, FI. Bearings conform to Plat Book 3 po" 2T"5-Uaj Elevations are N.G.V.D. run In from UM Property is in now Zone 'AE- NOTES k REVl3lON3 80UNDARY 11WVXY rRs�Hlltp Too -your novo Mev M Is 7,0' FA 1146/6 Ifism nwr: fr>` 111 h -u% F. W. Ro" PL5 /1503 Not valid unless signed and sealed Wilk efnboeseld s#al. nANTAT FOR KI NITY OF COILER MINTY, IHC PORMU-ROWS AMMM. INC. LB /olio ZJ04 LN W= AVL WiPLM OL 34112 SCALE: 1•- 20• DATE: NUVEMM 11, JM (941) 775-4511 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES Fees into this>'3day ot�c, n,i 1998, by and This Agreement for the Waiver of Impact entered _ between the Board of County Commissioners of Collier County, Florida, hereinafter referred to "a J , u G 71 Q as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as d w "OWNER." a ' H b i� WITNESSETH: O WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County ° N Ordinance No. 88-97, as amended, the Colltet"ctnt "LtbCat Ment Impact Fee Ordinance; o a c30 C30 €�i�tertded, the Collier (arks and Recreational County Ordinance No. 88-)b, as �. . Collier ' Facilities Impact Fee Ordinance; Copier o)ftty,,,,Qrdtnance--N91-71 as amended, the Collier Ac :1w o County Emergency Medical Services Syfi pl lOactetirit collie County Ordinance .a ,� No. 92-22, as amended, the Colne Co,► ityd"ImO 6 `dee Otidi ianke;,1 ind Collier County 'd w b Impact Fee - - Ordinance No. 92-33, as amended, th lilier County Educati,tla[ facii�(ivs System . Ordinance, as they may be further amen 4d �m tune to time hetc naf(er collectiv ely referred to C-3 o > *�1' owner -occupied dwelling as "Impact Fee Ordinance", provide for v<atvs f►i;acttt?-I p g as affordable housing; and H unit qualifying W 1O N 40 WHEREAS, OWNER has applied for a waiver of impact tees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98 - at its regular meeting of 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. .. 3. TERM. OWNER agrees and shall be offered for sale in acco ngUmt stI ri)tin as aftordable housing Impact Fee Ordinance for a period of ftf ewfl )py xkc of occupancy is issued for the Dwelin 01. 4. REPRESENTATIONS �\WARRANTIES set fol in the appendices to the ninr from the date the certificate nts ,uu1 warrants the following: a. The Dwelling Unttabeold to a hou eicith a very low income as defined in the appendtcs tie I�i1` Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for titleen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and C. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued, and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COl)N1 Y 7. LIEN. The waived impacV`f' 6% Dwelling Unit on the Y effective date of this Agreement; whtc)i"' lten may be fore -I upon in the event of non-compliance with the requiremers of flus Agremett, Jpoatsfco8. RELEASE OF LIVN On of the Agreement requirements and fifteen (15)years e t "" ate o ssu c of th'" c'erti f.ate of occupancy, or � z � upon payment of the waived impact eog, the COUNTY shalf,q i the � se of the COUNTY, o „`. to record any necessary documentation ev the terminatiolien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. -- 3 - 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER • fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shalt constitute a lien on the Dwelling Unit commenpi, ti�C,,f"tive date of this Agreement and � continuing for fifteen (15) years from the dia""g4tssuance of tine i:r ate of occupancy or until repaid. Such lien shall be superior and patpinount to the interest ii the welling Unit of any owner, lessee, tenant, mortgagee, or=tnesn eft t ucn[oi uuury eaxrs alio b11411 UV j" parity with the lien of any such 'ou tyl taxes S o41d'�j� c� °ER b in default of this If Agreement and the default is not c wttiin (iii) days a�er written uttce to OWNER, the s Board may bring a civil action to enfo t' is agreement. In aad�trmay be foreclosed or otherwise enforced by the COUNTY Shon or suit in TM s for the foreclosure of a mortgage on real property. This remedy is cumuli r right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. �ss�s - OWNERS: HABITAT FOR HUMANITY OF COLLIE COUNTY, INC. m Nae, T�.czf, �, Ue..:r. B ' - % Charles C. SrnRh, V Presid rit 4 - 0 c.Jo .9=. C-10 b 00 C_." DATED: JUN 2 3 1998 ATTEST: DWIGHT E. BROCK,'Clerk 4 lfitf�t'as to Chairwan's' s*ature only. Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney STATE OF Florida COUNTY OF Collier BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA VV, e x 1 1( ¢ \a f 11 1 \ y �hi� "Ida'of The foregoing instrument was acknowledged befqro iii -1 ,1998 H#154 foT' f C611if C1 *nty, Inc. He dpersonally by Charles C. Smith, VicePresidevii0f, P-110, -1 00011.0 known to me. (NOTARIAL SEAL] Signod'dof Pekor(T akiqg tt ti Name of Acknowledger Typed, Printed,6r Stamped JOANNE DALBEY MYCOMMISSION OCC73%1Z Are, A0 FxHkus 05/y)12W2 Yr jd/grn/c/naples manor lakes/agree - 5 - EXHIBIT "A" LEGAL DESCRIPTION LOT 24 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. I V� . ...... il-IT CIV, /0 I - 6 - CID c-" C714 NAPLES S� I 'k IN J bps LOJ 40 1 010 Tjp 14 C01 l j •) I eg tot ov 84 Ll AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this,!�Yday of a 1998, by and - 1 - between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as m� "OWNER." m 0 Y WITNESSETH: .a r� WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County c:a 0 Regional Water System Impact Fee Ordinance; Collier County Ordinance No, 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County _U �d Ordinance No. 88-97, as amended, the Colyer �64 0, i f 4r,7 ystem Impact Fee Ordinance; w Collier County Ordinance No. 88-96, as ltrprided, the Collier Co' ty`arks and Recreational � 2d .ra l amended, Facilities Impact Fee Ordinance; Collier Cod) y rdina ce 1 91- 7 has the Collier r County Emergency Medical Services{ Sy et�pa�`rre°rn�� u�Iher; County Ordinance ; No. 92-22, as amended, the Collier' ',"' ' t dee Or Fu an��, wand Collier CountynJ W..� Ordinance No. 92-33, as amended, th �Cotlier County Educatt al Fac lttaes System Impact Fee Ordinance, as they may be further ameW.wl; h m time to time heretn� fter collectively referred toOD " p p o,"pa�:Iory owner -occupied dwelling as "Impact Fee Ordinance", provide for waivt CID unit qualifying as affordable housing; and �o WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban W Improvement; and �J W o WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98 - at its regular meeting of !��_,, j , 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein.�� 3. TERM. OWNER agrees that t e Dwelling Unit sh t`rei�) n as affordable housing and shall be offered for sale in accorcnce�th. the�standards set to h in the appendices to the Impact Fee Ordinance for a period o' fifteen l5) y rs c2n i4in� froi,I the date the certificate of occupancy is issued for the Dwelling Y 4. REPRESENTATIONS AND VlA1RAViTES.VNi re pr is and warrants the following: o a. The Dwelling Unit lta, �be 5old to a hou h y ith a very low income as defined in the appendices.! .ee Ordinance and his/her N monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact CID Fee Ordinance; c.r. b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner, d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee - 2 - Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. S. SUBSEQUENT TRANSFER, If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. G. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the CC?UN 7. LIEN. The waived impact,'( .grafi be a liercie Dwelling Unit on the effective date of this Agreement;h►ch-,ben----m4 be toreclosc�upon in the event of non-compliance with the requirements ofYh s re -v tit." 8. RELEASE OF LIEN t'por at►sfai:tor F o 1 pte t►6tZ of the Agreement requirements and fifteen (15) years �rthe date of tssuancc�f th► certtfe of occu anc or p Y X 7Vo upon payment of the waived impact f� stye COUNTY shall,°'i�t�tlie �tp� se of the COUNTY, o record any necessary documentation evic holt fie termmat t elien, including, but not .�. limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this G*1 Agreement and their respective heirs, personal representatives, successors and assigns. In the 00 case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for rn the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property tail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commettcingrc,ola-»the- ef#ective date of this Agreement and 14, continuing for fifteen (15) years from the dat l uanc -oft "Orts ate of occupancy or until repaid. Such lien shall be superior and p tr,�amount to the interest i �,'the\pwelling Unit of any owner, lessee, tenant, mortgagee, or parity with the lien of any such Agreement and the default is not Board may bring a civil action to en or otherwise enforced by the COU: lien for Couhtv taxes and shall be on taxes. IShotild tl rn(�t3�ayµal' s agreement. In ,tion or suit in be " in default of this to OWNER, the on, theji =n may be foreclosed the foreclosure of a mortgage on real property. This remedy is ctimul, �' w`w it "er right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Name,Z-,;�n�r OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. By/ (( Charles C. Sruitft, VjWPresiaent - 4 - 2 w b �7 DATED: ATTEST: :,,.DWIGHT E. BROCK, Clerk S19fature Approved as to form and legal sufficiency I t` i__�� Heidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA The foregoing instrument was acknq*le'Oge i t tore me ,1h1 ; as by Charles C. Smith, Vice Presldent,c it ToeHau a iiy of C 4lll r Cow 11 known to me. 4 . w [NOTARIAL SEAL] Signa hof Pe MY' alCtng Acknowledgul Name of Acknowledger Typed, Printed Wr Stamped jd/gm/c/naples manor lakes/agree JOANNE DALBEY MY COMMISSION I CC 73'161 EXPIRF.s as/30.= i.µ�yt.�OTAYY h4+ A.nrYSnntxsd� Wwdn oC - 5 - of � , 1998 .y, Inc. ' is personally PO .sem C.^.) .cam EXHIBIT "A" LEGAL DESCRIPTION LOT 25 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF C'01.1.11 -,'R COUNTY FLORIDA. - 6 -- HJ 00 C.T1 W NAPLES M,,'�-nrA � - _ 31* 31* N Cw.1 .sem C� CXO v � � it Z ��• 1�'• � r,w4 �,� `• t y"�/���, �' PZ�C ZJF ly elf V, c 0110 r rs • iy Ir �C � - f � � ' _ • v '� VIV 0+ . AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thiQnay of 1999, by and .�C3 M ►a„ r is between the Board of County Commissioners of Collier County, Florida, hereinafter referred taa to a N� as "COUNTY” and Habitat for Humanity of Collier County, Inc., hereinafter referred to as" m LM m "OWNER." y WITNESSETH: r 0 0 WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks County Ordinance No. 91-71, as ,J System Impact Fee Ordinance;` Celli County Road Impact Fee Ordinatzce,�3 d � i Collier County Educational Atli 6r tt' 401ities Impact Fee Ordinance; Collier .. Fye% "oae the Collier n mergency Medical Services ity-,Ordinance No 2-�2, as amended, the Collier E Y rdn e N. 92-33, as amended, the E v; Itrtp a yR Fee ' it lin4nce01 as they may be further amended from time to time A iinafter collectively *ance", provide for waivers of impactees�Jor new owner-octti'pi� .dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied fora waver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-14D at its regular meeting of 19199; 199; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. -� 3. TERM. OWNER agrees,,,attlert.5� mall remain as affordable housing ON and shall be offered for sale in acc s dance with the standards! "iet''forth in the appendices to the Impact Fee Ordinance for a per"ioc("of aftei v(15} ears c mme ng from the date the certificate of occupancy is issued for th¢ Dirling�ni. k i 3 4. REPRESENTATOAi+Tfif iAitRA1+1�ES. 11F jrepresents and warrants the � 1 3 following: a. The Dwelli � ,shall be sold to scold with a very tow income as �. �;, •. defined in the 9, cc$ n't t$► impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15 ) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52 pursuant to the Impact Fee - 2 - O N Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the -COUNTY 7. LIEN. The waived to 'ecsshail� a°lie upon the Dwelling Unit on the effective date of this Agreemen ; wwhich lien may be'tbteci4sed upon in the event of non-compliance with the 8. RELEASE requirements and fifteen (15 upon payment of the waived record any necessary docum limited to, a release of lien. fees, the [pin the ter ..neg � � M of the Agreement f thec6rtificate of occupancy, or d'��A' expense of the COUNTY, t: s q,,of the lien, including, but not 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commeacing.,pn the effective date of this Agreement and continuing for fifteen (15) years fromWissh,ihq certificate of occupancy or until ^ repaid. Such lien shall be suPetio at d paramount to the inta`rest\in the Dwelling Unit of any owner, lessee, tenant, mortgag parity with the lien of any Agreement and the default Board may bring a civil actiot or otherwise enforced by the this tY by action or lien `for County taxes and shall be on be in default of this notice to OWNER, the n add fi the lien may be foreclosed r hits Y as for the foreclosure of a mortgage on real property. This remedy sA(t� t w wit any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Wim: OWNERS: HABITAT FOR HUMANITY OF CO a STATE OF Florida_ ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this 29 day of.,/ , 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is dersonally known to me. [NOTARIAL SEAL] Oiz6ature of Person Taking Ackn ledgment JOANNE DAiBEY w,rmreo=•ac,��N a of Acknowlodger Typed, Printed or Stamped M' aa�a�m �ars.�otaax w. WM &WWM a DATED&DA 41 �� _ � A OF COUNTY COMMISSIONERS E4Z'T1 j flI�� COUNTY, FLORIDA .g6cK, ClerkJJ � �t ot t, g 1S IAC'KIE, CHAIkWOMAN Ze aJ 00 ♦ ; M t-7+ H" F. AvUon 'z' Assistant County Attorney . . w l&wdc/a•ples manor takes/agree - 5 - EXHIBIT "A" LEGAL DESCRIPTION LOT 5, BLOCK 15 NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. I ' 11 •� v mmmm�l NAPLES N • letn: Lmlf'ltu UK; mi rv; Vao1 CUFF TO T11 BOA1D HCOIDID 10 the OFFICIAL HCOUI of COL1I11 COOM , It I1C "I 31.00 jIT1OFIIC1 ITA 11,001 12/16/1919 it 02:25PN DVIGAT 1. 1IOCI, 01/11 COP113 7.00 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this//day of� 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational _Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, i1e�te�hnt��tle rbency Medical Services System Impact Fee Ordinance; Collie City Ordinance No. 9�, aamended, the Collier County Road Impact Fee Ordinance; C�lher�" oft O dtnance No. 241, as amended, the Collier County Educational Facihti s S sten l�patec r+n€tt�c��h� Coker County Ordinance No. 99-52, the Collier County Ci`r�Uaf' Fatci4tiks 4act Ferdtriance, as they may be further amended from time to time VWonafter collectively" fierred,'t 'As "Impact Fee Ordinance", provide for waivers of impact\,f for new owner tact ted dwelling unit qualifying as affordable housing; and s ` WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR: 2622 PG: 0582 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- A/ya'at its regular meeting of _, 1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that th0iwe1Ii ,jt shall remain as affordable housing tet and shall be offered for sale in accorlance with the stands s forth in the appendices to the s x- in Impact Fee Ordinance for a period dfin (fly yearnunen 4rom the date the certificate c g ~ Y of occupancy is issued for th0' Dw,1lt rg Untt 3 E kJ 4. REPRESENTAT)ON A II W I AY ITjES V1 NI$ rOpresents and warrants the following:��. a. The Dwelt ,Ugit shall be sold to a us taa d with a very low income as defined in theappocies Yt 1Se' f�i pact Fee Ordinance and his/her monthly payments to puici'ase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and C. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee - 2 - OR; 2622 PG; 0583 Ordinance. In return for the waiver of the impact fees owed by OWNER. OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. if OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived i effective date of this Agreeme; non-compliance with the 8. RELEASE sla7 p ljen upon the Dwelling Unit on the ��`° V N lien may h&,, ,� osed upon in the event of of the Agreement requirements and fifteen (15) fthdhte cfssuan t thertificate of occupancy, or �xF upon payment of the waived tirappt fees, the COUNT' shad at th`expense of the C OUN'� }', record any necessary documentattiri vrdencing 'Inallicip crl the lien, including, but not limited to, a release of lien. � 9. BINDING EFFECT. This AgeementTT shall he binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - OR; 2622 PG: 0584 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter tails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from tate dat =lc -,,is0d#n Vit: repaid. Such lien shall be supe660ti4varamount to tfi owner, lessee, tenant, mortgage, or otlrers4on eacceptsmtlte li parity with the lien of any i;uch L��ty C��es�{°xr Agreement and the default ttottred.yi�itt Board may bring a civil actior(* ' nforce this agreemerilh In certificate of occupancy or until in the Dwelling Unit of any unty taxes and shall be on R be in default of this notice to OWNER, the lien may be foreclosed or otherwise enforced by the Y by action or stti tit e m �"y as for the foreclosure of a mortgage on real property. This re xcdy is"` emulative yr h my other right or remedy available to the COUNTY. The Board shall be entitledi" recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: rtnt Name/'1_4 r,.,, OWNERS: HABITAT FOR HUMANITY OF COLLIER U BY ----- Samuel J,. urso, M.D., President - 4 - OR: 2622 PG: 0585 STATE OF Florida ) COUNTY OF Collier } The foregoing instrument was acknowledged before me this day of _ 1 �� 1 , 1999 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Sig �ttre of Person Taking Acknowledgny Name of Acknowledger Typed, Printed or Stamped DATED: DEC t 4 1+,494 ATTEST: DWIGHT E. BROCK, Clerk I Attest as to Chairman's R Signature only. Approved as to form and legal sufficiency a a, r eidi F. Ashton Assistant County Attorney jd/c/naples manorlakes/agree JOANNE DALBEY MY COMMISSION r CC 73%12 ZMRE.& WX), 0D2 V% Norm SWV%= a au"Me co. RD OF COUNTY COMMISSIONERS LIER COUNTY, FLORIDA Y M ELA S MAC'KIE, C HA Y A i E Ed n.Fh 4xw' w - 5 - OR: 2622 PG: 0586 EXHIBIT "A" LEGAL DESCRIPTION LOT 16, BLOCK 18, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. v Y i j lv �. N"4, - 6 - 4�: V e --X A41 i31 -r' A 11 e -I