Agenda 11/14/2017 Item #16D 411/14/2017
EXECUTIVE SUMMARY
Recommendation to approve a Release of Lien for five separate State Housing Initiatives
Partnership (SHIP) Impact Fee program deferral agreements with one developer for a combined
amount of $35,419.14 for properties developed by Habitat for Humanity of Collier County, Inc.
that have been repaid to Collier County and the Release of Lien was not executed.
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 following table provides details regarding Habitat for Humanity of Collier County, Inc. which repaid
the Impact Fees to Collier County. As such, Release of Lien is required but was not executed at the time
of repayment.
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 County.
SHIP File # Legal Description Organization
Name
IF Lien
(OR/PG)
Date Paid IF Amount
01-121-IF Carson Lakes Lot 34 Habitat for
Humanity
2707/2683 07/3/2006 $4,736.34
02-036-IF Habitat Village Block
A Lot 21
Habitat for
Humanity
2935/0410 11/14/2006 $7,698.82
02-054-IF Habitat Village Block
B Lot 6
Habitat for
Humanity
2935/1192 07/10/2013 $7,698.82
01-095-IF Naples Manor Addition
Block 5 Lot 9
Habitat for
Humanity
2717/2156 06/22/2004 $7,586.34
01-075-IF Naples Manor Unit 1
Block 8 Lot 6
Habitat for
Humanity
2777/2057 08/27/2017 $7,698.82
Total: $35,419.14
FISCAL IMPACT: Repayments in the amount of $35,419.14 are considered program income and have
been deposited in the appropriate SHIP Grant Fund. As Such, funds may be reused for eligible SHIP
activities. The $44 recording fee will be paid by SHIP Grant Fund 791, Project 33467.1.
LEGAL CONSIDERATIONS: This item is approved for form and legality and required a majority vote
16.D.4
Packet Pg. 914
11/14/2017
for Board approval. -JAB
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
RECOMMENDATION: To approve and authorize the Chairman to sign five (5) R elease of Liens
for the combined amount of $35,419.14 for five properties developed by Habitat for Humanity of Collier
County, Inc. that have been repaid and a Release of Lien was never recorded.
Prepared By: Wendy Klopf, Operations Coordinator, Community & Human Services Division
ATTACHMENT(S)
1. Release of Lien HfH SHIP IF Paid but not Released (PDF)
2. SHIP Impact Fees Habitat for Humanity paid but not Released (PDF)
3. SAP Back up Paid off Not Released (PDF)
16.D.4
Packet Pg. 915
11/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.4
Doc ID: 3910
Item Summary: Recommendation to approve a Release of Lien for five separate State Housing
Initiatives Partnership (SHIP) Impact Fee program deferral agreements with one developer for a
combined amount of $35,419.14 for properties developed by Habitat for Humanity of Collier County, Inc.
that have been repaid to Collier County and the Release of Lien was not executed.
Meeting Date: 11/14/2017
Prepared by:
Title: Operations Coordinator – Community & Human Services
Name: Wendy Klopf
10/10/2017 10:41 AM
Submitted by:
Title: Division Director - Cmnty & Human Svc – Public Services Department
Name: Kimberley Grant
10/10/2017 10:41 AM
Approved By:
Review:
Community & Human Services Lisa Carr Additional Reviewer Completed 10/10/2017 10:42 AM
Community & Human Services Kristi Sonntag Additional Reviewer Completed 10/10/2017 10:53 AM
Community & Human Services Leslie Davis Additional Reviewer Completed 10/10/2017 11:29 AM
Public Services Department Kimberley Grant Additional Reviewer Completed 10/25/2017 4:24 PM
Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 10/26/2017 9:58 AM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 10/26/2017 4:59 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/27/2017 7:53 AM
Grants Erica Robinson Level 2 Grants Review Completed 10/27/2017 12:14 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/01/2017 3:14 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2017 4:11 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/01/2017 4:23 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 11/03/2017 9:10 AM
Grants Therese Stanley Additional Reviewer Completed 11/03/2017 3:15 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/06/2017 10:06 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM
16.D.4
Packet Pg. 916
16.D.4.a
Packet Pg. 917 Attachment: Release of Lien HfH SHIP IF Paid but not Released (3910 : SHIP IF for HfH paid off and not released)
16.D.4.a
Packet Pg. 918 Attachment: Release of Lien HfH SHIP IF Paid but not Released (3910 : SHIP IF for HfH paid off and not released)
16.D.4.a
Packet Pg. 919 Attachment: Release of Lien HfH SHIP IF Paid but not Released (3910 : SHIP IF for HfH paid off and not released)
16.D.4.a
Packet Pg. 920 Attachment: Release of Lien HfH SHIP IF Paid but not Released (3910 : SHIP IF for HfH paid off and not released)
16.D.4.a
Packet Pg. 921 Attachment: Release of Lien HfH SHIP IF Paid but not Released (3910 : SHIP IF for HfH paid off and not released)
... ...
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this l Jay ofµ_.~-2000. by and
between the Board of County Commissioners of Collier County. Florida. hcreinat\cr reforrcd to
as "COUNTY" and Habitat for Humanity of Collier County. Inc .. hereinatlcr rcforred to as
"OWNER."
W I TN E S S ET H:
WHEREAS. Collier County Ordinance No. 98-69, the Collier County Regional Water
.. and/or Sewer Systems Impact Fee Ordinance: Collier County Ordinance No. 88·97, as amended,
•en ._._ ~ ~the Collier County Library System Impact Fee Ordinance; Collier County Ordimmcc No. 99-39,
the Collier County Parks and Rec~s;at'-O~i\!~~~]i{i:~~:·7~R~ct Fee Ordinance; Collier County
,,,,// ~:=~~.:~,,,,,_,~"'""''"'""'~"==·~"~""""'"'""··,,,_~:/·,\/ \i0 ''~ .. _
Ordinance No. 91-71, as ame1~(,~'./ Collier County'. . "ie\cy Medical Services System
Impact fee Ordinance; Col~ler yoJm,i::Prdmam.~.!::iP\ 92-2\ as ~mended, the Collier County
l f \ \ \
Roiid Impact Fee Ordinan~e; c:/f6 \ 2-3r· as amended. the Collier
I !I ~ : ' i; 1 j
County Educational PaciHti~~~ -· n~~C<)llier County Ordinance No.
\,. ..... \ s .•• \.. 1;;, .i
99-S2. the Collier County C1
\ 'ional Facilities Imp1 Fe} q/l[~ncc, as they may be turth~r
~\ " l Il("~""/
amended from time to time, "2)~~:r collectively' re_.1·tf'ttit)6 as "Impact Fee Ordimmce",
provide for waivers of impact fee:·c ~ dwelling unit \.lualifying as
'"""·~,"
affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact foes as required by the Impact
Fee Ordinance. a copy of said application being on file in the otlice of Housing and Urban -~ Improvement; and a 5 WHEREAS, the County Administrator or his designee has reviewed the OWNER's
8 e application and ha5 ~on~ludc;u that it complies with the requirements for an atfordable housing
2 c: ~ ~ § E ~ waiver of impact fees as established in the Impact Fee Ordinance; and
• u .... E: 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
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16.D.4.b
Packet Pg. 922 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
OR: 2707 PG: 2684
WHEREAS, the COUNTY approved a waiver of irnpact foes for OWNER embodied in
Resolution No. 2000-__ .;U;f.J_ at its regular meeting of ~1.J V ( , 2000; and
WHEREAS, the Impact Fee Ordinuncc n:\luir"~s that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
I. RECITALS INCORPORATED. The foregoing rc"itals ure true and 1.:orrcct and arc
incorporated by reference herein.
2. LEGAL Dt:SCRlrTION, Th~ lesul ucscription of the dwcllin~ unit (the "Dwelling
Unit") umJ i:jj\' phm ~rlr uuached hereto as Exhibit "A" and im:orporated by reference
herein.
a.
icprcsents and warrants the
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines establishc'1 in lhc apJXmli"~s to the Impact
Fee Ordinance;
b. The Dwelling Unit shaU be sold to a first-time horne buyer;
c. The Dwelling Unit shall be the homestead of owner:
d. The Dwelling Unit shall remain as affordable housing for nncen ( 15)
years from the date the certificate of o"cupancy is issued for the Dwelling
Unit: and
e. OWNER is the owner of record of the Dwelling Unit and owes impact
foes in the total amount of $4, 736.34 pursuant to the Impact Fee
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16.D.4.b
Packet Pg. 923 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
OR; 2707 PG; 2685
Ordinance. In return for the waiver of the impact foes owed by OWNER,
OWNER covenants and agrees to comply with the affordable housing
impact tee waiver qualilicntion criteria detailed in the Impact Fee
Ordinance.
5. ~lJll:'iEQlJl~NT TRAN~fER. If OWNER :sdl:; th\: Dw\:llin~ Unit :;ut>j~1;t to th~
impact tee waiver to a subsequent purchaser, the Dwcllin~ Unit shall be sold only to households
meeting the criteria set t(lrth in the Impact Fee Ordinance.
<>. AFFORDABLE RE~UIREMENT. Tho: l>wo.:llin~ Unit must be utilized t\.>r
affordable housin~ for a fifteen ( 15) year period after the <lute the certificate of occupuncy is
~ssued: and :f the Dwcll;ng Un;t ceases to be utilized f~)r that purpose during such ~riod. the
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their res.,ective heirs. personal representatives. successors and assigns. In the
case of sale or transfer by gift of the Dwelling Unit. the original OWNER shall remain liable for
the impact tees waived until said impact fees arc paid in full or until the conditions set fonh 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 fif\cen (l 5) <lays utter
execution of this Agreement by the Chairman of the Board of County Commissioners.
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16.D.4.b
Packet Pg. 924 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
OR: 2707 PG; 2686
11. DlWAULT. OWNER shall~ in default of this Agreement (1) where OWNER
tails to sell the Dwelling Unit in U\;COTdWlCC with the affordable housin~ standards and
qualification criteria established in the Impact Fee Ordinance and thcreatler fails to pay the
impu~t fc,::i du' within thirty (30) days of said non-compliance. or (2) where OWNER violates
one of the aflordable housing qualification criteria in the Impact Fee Ordinance for a period of
fifteen ( 15) days aner notice of the violation.
12. REMEDIES. Should the OWN~R of the property fail to comply with the said
qualification criteria at any time during the tit\een (15) year period. or should 0 WN ER violate
any provisions of this Agreement. the impact tees waived :shall be paid in full by OWNER within
thirty (30) days of suid non-compliance. OWNER agrees that the impact foes waived shall
constitute a lien on the Dwelling Unit~_s.~m~~~,Q!l the effective date of this Agreement and
.••• . < l" !i' ( .• ( \ jj • •
continuing for fifteen ( 15) ye~/!!~,!~\d~t~'oii~u~ ",il~:~he certificate of occupancy or until
n;piaid, Su~h lien shall ~ ,,ii'~1~~,=1,u14"F~~~~~nt "~'~ t~~~:~t in the Dwelling Unit of uny
owner, lessee, tenant, mort,agJ;, r."''''th'"'' rs n ;~c 1
t lien~, for\County truces and shall be on
j
l ,ll.//•~"*'"' 't \
' 't \ \
parity with liens of any SUfh d' u -~ t>q in default of this Agreement
\ I I
and the default is not curQ m 1 cl /to OWNER, the Board may
\ \"'\''\ \\ t,~f~~' l l k.\%~l /'
bring a civil action to ento~ ~~~ agreement. 11'r~~,~~J~,~;}he lien may oo foreclosed or
otherwise enforced by the co~J'X,,!2~ action or# · .,equity as for the foreclosure of a
~,,~t "' )''\• ;,~,~~'~·"'"""'="""~'"~'"'"''""~~."""'".'", .. "'<.. ,, ;•"
mortgage on real property. This re~e'til~!~~~1J!}tli~ ;>i~h any other right or remedy available
to the COUNTY. The Board shall be entitled to recover all tees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at the statutory mte 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 ~lHMANn;v OF_
COLLIER C9t}NTY, lNC. . . ,., / /' • / ,,, .,,..-
BY: ,,0-·~,vt/ ,,., /,",,.
Samuel J. Durso, M.IJ .. President
-'* -
16.D.4.b
Packet Pg. 925 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
I ' ' I It
ST ATE OF Florida
COUNTY OF Collier
OR: 2707 PG: 2687
The foregoing instrument was acknowledged before me this _JQ_ day of "Si.. \f' e , 2000
by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County. Inc. He is personally
known to me.
[NOTARIAL SEAL]
_ _d,. c ~ C';L=" l
Signature of Person ~ng Acknowledgment
~~ LAUREN J. BEARD ame of Acknowledger Typed, Printed or Stamped
'-._ • .I WY COMMIWON ti CC 11'11118
·q 11 ,._. fXrlllts: ltvZ411lJZ
l·IOO->·NOfAIY fla Nuwy 5'Mcft 6 fu
DATED: _gt l l!V -//
ATTEST: /
DWIGHT E. BROCK, Cter,k
Approved as to f onn and
legal sufficiency
I
,/
J~M\?~~
Thomas C. Palmer
Assistant County Attorney
~""" ""~ ~~~= ~ ~"' -"'"',.,
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16.D.4.b
Packet Pg. 926 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
*** OR: 2707 PG: 2688 ***
EXHIBIT ''A"
LOT 34 OF CARSON LAKES AS SHOWN ON
THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 34, PAGES 94 THROUGH 96, OF
THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
16.D.4.b
Packet Pg. 927 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
2894456 OR: 2935 PG: 0410
Prepared by:
Palrick G. Wb.ltr
R!CORDID in OPPICIAL RICORDS of COLLIIR COUNTY, PL
;~/03/2001 !t 01:25PK DWIGHT 8. BROCK, CLIRK
All't. Colller Counly All'y.
llll T ......... Tndl t:.~1
Naples. n, 34112
Retn:
HOUS!NG & URBAN IKPROVIKBM!
!STBR OFPICJ TO HUI
This sp1m.· for r«·ordln11
RIC P!I 37.50
AGREEMENT FOR WAIVER 01' COLLIER COUNTY IMPACT FEES H>R
SINGLE-FAMILY AFFORDABLE HOUSING DWELLING
FOR HABITAT FOR HUMANITY, INC .
..... ~....... . Q A/t5J/~Afj#l
This Agreement for the Wai~-~J-\lSt~~!?:~~2~5?:/~~:~.r~tcrcd intu this _/ day of /_J'_t_
200 I, by and between Collier C~}t', J/ ·' tx'ifitical subdl~~!~t~~( the State of Florida through its
Board of County Commiss(nci/~~'irutt:l~.-~<l to\: \ouNTY." and Habitat for
I f W"J\ f , \
Humanity of Collier County/lnc/.)~~in~t:i.: '. ·" ~E~." l'Ollcctivcly stated as the
l I l l \~l¢ l \ \ I p , , , ,
"Parties " ' 11 I I I • ' '1 \ "\ l
'!_ '"'-"'"~'",,_<) ::
\ ........ \ RECITAL''-" IC::,' I
\ \ \ ~~/l ! / '""''') l
\ ""'~~\t-~~)» l ll -·~~"'"" /
WHEREAS, Collier 0 S\Ordinance No. 200t.:r}(;i~/Collicr County Consnlidated
~ ' / ~I
Impact Fee Ordinance, as it 111ay\J'~~~'i;)1~i:.,a.m~,l!Q~.d . .t~~(\~t/to time, hereinafter collectively
referred to as "Impact Fee Ordin:~~~:£!.~~"£J.~~\~;;>·~uivers of impact fees for new
owner-occupied dwelling units qualifying as affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as allowed by the Impact
Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban
Improvement Department: and
WHEREAS, the County Manager, or his designce, has reviewed the OWNER'S
application and has found that it complies with the requirements for an affordabk housing waiver
of impact fees otherwise required in the Impact Fee Ordinance; and
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16.D.4.b
Packet Pg. 928 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
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 lmp•u..·t Fee Ordinance qualifying the
project as eligible for an impact fee waiver: und
WHEREAS. pursuant to Section 74-20 I. E. l.b. of the Impact Fee Ordinunce. as codified
in the County's Code of Laws und Ordinances. the County l\fanuger is authorized to exe1.:ute
certain Impact Fee Waiver Agreements: and
WHEREAS. by signing this Agreement, the County Munager will approve a waiver of
impact fees for OWNER in support of creuting Affurduhle Housing: und.
WHEREAS. the Impact Fee Ordinance requires thut the OWNER enh:r into an
Agreement with the COUNTY.
NOW, THEREl'<>RE. in consid£JJ11ion"uf.Jbe foregoing Rl'l'itals. and other good and
valuable consideration, the recci,~J·';/,,·'~Jt\~~~TI~~U~~ · \(" hereby mutuully ucknowledged.
the Parties covenant uml agrceAi.~ ~~lfl>ws: '"';/-""'\
I. RECITALS INCtR.tR~~~''\:·~h;·~t:;;·,:ci~:\ing ~it<~ are true un<l 1.:orrcct and arc
incorporated by tere/ff'n 1 ~-?\ 1
~ ~\ ~ ~\ } f J @
0 f •' l \~~'\....~ f'\li; ~~ 1&,,i
2. LEGAL DESC~~ff\oN';·.·1't1~~ai . \~, tilff\t4' t~§Pfclling unit •md its site plan
\ ·"""'"'\ \ '(S\ '\ l ) . .,_, ·I
(the "Dwelling U"' \ \Js attached as Exh~ ",A. is incorpornted by reference
' 'o/ '1,'t<""nJ
herein.
3. TERM. The term of than a period of fifteen ( 15)
years commencing from the date the certifo:ute of occupancy is issued for the
Dwelling Unit during which the Dwelling Unit shall remain us uffordable housing und
shall be offered for sale in accordance with the standards set forth in the Impact Fee
Ordinance and this Agreement.
4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants
the following:
a. OWNER'S household earnings will not exceed a very low income as
defined in the Impact Fee Ordinan~:e, and the OWNER'S monthly
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16.D.4.b
Packet Pg. 929 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
payments to purchase and pay ti.>r the Dwelling Unit will remain within the
affordable housing guidelines established in the Impact Fee Ordinance:
h. OWNER is a first-time home buyer:
c. The Dwelling Unit is, and will during the term of the Agreement remain.
the homestead of the OWNER or any suhse4uent owner:
d. OWNER is the owner of recnrd of tlw Dwdling Unit, and pursuant to the
Impact Fee Ordinance owes impact fees in the total amount nf Seven
Thousand Six Hundred Ninety-Eight Dollurs und Eighty Two Cents
($7,698.82). as set forth in the uttm:hed Exhibit "B," incorporated hy
reference: and
e. In return for the COUNTY'S waiver of the impact fees otherwise owed hy
Ordinance and this Agreement arc satisfied.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he utilized for
affordable housing as defined in the Impact Fee Ordinance during the tenn of this
Agreement; and if the Dwelling Unit ceases to he utilized for that purpose during su~:h
period, the full amount of the waived impact fees shall he immediately repaid to the
COUNTY.
7. LIEN. Owner agrees that commencing on the effective date of this Agreement and
continuing until paid or otherwise released the waived impact fees shall constitute and
be a lien on the Dwelling Unit in the amount of St•ven Thousand Six Hundred Ninety-
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16.D.4.b
Packet Pg. 930 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
Eight Dollars and Eighty Two Cents ($7,698.821. as set forth in attached Exhihit "B."
This lien may he foredoscd upon in the event uf default under this Agreement.
Provided that if the OWNER is the mortgagor. the COUNTY aml OWNER agn:e that
by. and in consideration of a suitable security wllaternl hcing provided hy the
OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising
under this Agreement are to be considered junior, inferior, and subordinate to each
first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement,
and regardless of any foreclosure on the first mortgage or other security interest, such
lien shall otherwise be superior and p<1ramount to the interest in the Dwelling Unit of
any owner, lessee, tenant, mortgagee, or other person. except that this lien shall be on
parity with any lien for County tuxes.
8. RELEASE OF LIEN. ..}J~l•n:;s·aJ~"~\ · or~ completion of this Agreement's
... / .. \ .\t,,, Cc, ·"·
requirements after fi1~})'~\~Sf:·ycar~Trtil11· , ~:'\of issuam:e of the certifo.:ate of
occupancy. or •i~7~~':~-='.~~ivcJ''.~ ti:cs, the COUNH shall, al
the expense ot t~e cp Y~ .•. ~~)r · l n ccss•~}'.:, dlx.\umentut1on ev1denc111g such
l I l/~ l''\ \\. 4
//''"' \ \
payment or reldse l~ i . ( I ) ~l l l \r~,t \ pi'}\ \1 ! fr, l
l \ ·! ""'""'"'"~'' /' ± ~ I ; "*wq J
9. BINDING EFFEqT. \ T 11s Agreement s rut~.:\\7ITh 1ttft;·yand and he binding upon the
\ ·"""'"'\ \ J / ''""'''", ·"
\\.\ .. \ J I
Parties to this Agr \ '~ and their heirs, s ·s~u, . . assigns.
""'' ''""Y ./ i .1.""
10. RECORDING. ThiN~"'1e.s1t shall be,..i:t.-C\;(&~:t'~y COUNTY at the expense of
.,,, '" ' "'"Ji'"I· .. '~~~."'""'=""'~'"'""'"''""-~:·""' /,, .. ,, "!(\ \ ;;' .,,>"•''"
COUNTY in the Officiui''Rc~.!/~~~~l;QJi)~r"t<:unty, Florida, within sixty (60) days
after execution of this Agreement by the County Manager.
I I. DEFAULT. OWNER shall be in default of this Agreement if:
a. OWNER fails to sell the Dwelling Unit in accordance with the affordabk
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter. fails to pay the impact fees due within thirty (JO)
days of mailing of written notice of said non-complianL·e. or
b. OWNER continues to violate any of the affordable housing 4ualificution
criteria in the Impact Fee Ordinance for a period of fifteen ( 15) days after
mailing of written notke of the violation.
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16.D.4.b
Packet Pg. 931 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
t 2. REMEDIES. The following remedies arc l.'Umulativc with any other right or remedy
Witnesses:
available to the COUNTY:
a. Should the OWNER of the property: (I) fail to comply with the s41id
4ualitkation criteria at any time during the fifteen ( 15) year term: or
(2) violate any provisions of this Agreement. then the dollur amount of
impuct fees waived shall be puid in full by OWNER to the COUNTY
within thirty (30) duys of written notification of said violation.
b. Should the OWNER otherwise be in default of this Agreement. amt
the default is not cured within ninety (90) duys after nmiling of written
notice to the OWNER. then the COUNTY may bring civil action to
enforce the Agreement.
OWNER:
HABITAT FOR HUMANITY OF
COLLIER COU~Y, ~-~c,,,,
/ ,~,// // ;;,
,.......,...A~r,,• /////>'/2.--:? B , . , /.;;>-
Samuel J. Dlirso, M.D., President
-5 -
16.D.4.b
Packet Pg. 932 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
ST A TE OF Florida
COUNTY OF Collier
OR: 2935 PG: 0415
Name of Acknowledger Typed. Printed or Stamped
~ ... '
ST A TE OF Florida
COUNTY OF Collier
[NOTARIAL SEALI
,.
I l
_/'
l
/
Approval Recommended
' i
Greg Mihal' • Director
Housing & Urban Improvement
COLLIER COUNTY. FLORIDA
~roved as to form and
tmG~
Patrick G. White
Assistant County Attorney
·-6 -
16.D.4.b
Packet Pg. 933 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
EXHIBIT HA"
LEGAL DESCRIPrlON
LOT 21, 81 .. 0CK A, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOl4' AS
RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH St, INCLUSIVE, Of<' THE PUBLIC
RECORDS OF COLLIER COUNTY, f4f..ORIDA.
Type of Impact f<'ee
A. Library Impact Fee
B. Road Impact Fee
C. Parks Impact Fee:
D. EMS Impact Fee
E. Educational Facilities
F. Water Impact Fee
G. Sewer Impact Fee
H. Co1Tectional Facilities Impact Fee
TOTAL IMPACT •'EES WAIVED
- 7 -
J\.825.00
I
I
J 820.84
f I
/ 93.00
j
1.778.00
1,275.00
1.575.00
117.98
$7,698.82
16.D.4.b
Packet Pg. 934 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
*** OR: 2935 PG: 0417 ttt • ~ • ~ • t') IO .... ~ CD N • ro 0 b 0 ~ t co -:l -. (A.·E.. D.E. AND 10' P.U.E.l 16.D.4.bPacket Pg. 935Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH
Prepared by:
Patrldl G. White
.U.'t. ColJkor Cou11ty Att'y.
JJll T•mllunl Tndl t:11~1
Naples. Fl. 34112
2894614 OR: 2935 PG: 1192
P~CORD!D l~ OFPICIA~ RBCORDS of COLLI!R COOMTY. PL
!: :3;:00: s: :::'."?M JWIGHT !. BROCK, CL!Rl
Retr.:
~=~srs~ & URBAN IMPRCV!MBN~
:N;B~ CFFICS TO r.u:
RBC FBB 37.50
AGREEMENT l'OR WAIVER OF COLLIER COUNTY IMPACT l'EES FOR
SINGLE-J•AMJL Y AJ•l'ORDABLE HOUSING DWELLING
FOR HABITAT l'OR HUMANITY, INC.
"Parties."
\ ,1 r0w \
\ .#'\ \
WHEREAS, Collier ~'~ty Ordinance No. , ~/Collier County Consolidated
Impact Fee Ordinance. as it n~~ '\,, ;tt,ber amended (r~i~,~~>;:) time. hereinafter collectively
~_,,, ""Ji"'\~~~,~~~•">c"'=""'~'"'""'"''""-~:o"°"'"':, .. ";<, "!(\ \ O''//'/
referred to as "Impact Fee Ordi~tmt.~~i fpr~vi\.S>:::::ft:Jt/ waivers of impact fees for new
~'" ~"'-"'""~ _._ ~·,,,_= ID""~"
owner-occupied dwelling units qualifying as affordable housing: and
WHEREAS. OWNER has applied for a waiver of impm:t fees as allowed by the lmpuct
Fee Ordinance, and a copy of said application is on file in the office of Housing and Urtnm
Improvement Depanment; and
WHEREAS. the County Manager. or his designec, has reviewed the OWNER'S
application and has found that it complies with the requirements for un affordable housing waiver
of impact fees otherwise re4uired in the Impact Fee Ordinance: and
- 1 -
16.D.4.b
Packet Pg. 936 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
WHEREAS. the impai:t tee 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, pursuant to Section 74-20 I. E.1.b. of the lmp41ct Fee On.linmll'e. <ts i:odified
in the County's Code of L1ws and Ordinances. the County Manager is uuthori1ed to t.•xecute
certain Impact Fee Wuiver Agreements; and
WHEREAS, ny signing this Agreement. the County Manager will •lpprove a waiver of
impact fees for OWNER in support of aeating Afti.1rdank· Housing: •md,
WHEREAS. the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, TH.ER.Ef<'<>RE. in consideration of the foregoing Re1.:itals, and other good and
valuable consideration, the receipt •! "'\~~t!~~~~~2~!87~~~~,is hereby mutually acknowlcdgt•d,
I J</ :/ e~''"~,/,.~P"~ ''"-'o~,"'~\~/ 4r>~ ;>,,
the Parties covenant and agree ~~1 f(L / s: '";:t" "'\
I. RECITALS INCO;kPQk~iiii5~~"tnc"tbreg1'f ng R~tal\ arc true and l'Drrect and arc
j ? "' f \ \
incorporated by rJrcrJi•( \ \
1· If t u
t n I I
2. LEGAL DESCR,lrf1l h¢ ~wi.:lling unit and its site plan
(the "Dwelling lJ\~~ "}4!fi) incorplWUted by referetll'C
herein. //(>~/ ,,
3. TERM. The term of
years commencing from the d~,tc'{hc--c~,rtitkutc of lx:cupancy is issut•d for the
Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and
shall be offered for sak in accorduncc with the st•mdards set forth in the Impact fee
Ordinance and this Agreement.
4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrnnts
the following:
a. OWNER'S household earnings will not exl·ced a wry low income as
defined in the Impact Fee Ordinance, .and the OWNER'S monthly
- 2 --
16.D.4.b
Packet Pg. 937 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
payments to purchase and pay for the Dwdling Unit will remain within the
affordahle housing guidelines estahlislwd in the Impact Fee OrdimuH:e:
h. OWNER is a first-time home huyer:
c. The Dwelling Unit is. and will during the term of the Agreement remain.
the homestead of the OWNER or any -.uhsequent owner:
1.1. OWNER is the owner of rel·ord of the Dwelling Unit. mtd pursuant to the
Impact Fee Ordinance owes impact tC\.'s in the t\ltal amount of Sewn
Thousand Si.x Hundn:d Nilll.'ly-bght Dollars mid Eighty Two Cents
($7,698.82). as set forth in the allachcd Exhihit "B," inrnrpornted by
refcrern.:e: and
c. In return for the COUNTY'S waiver of the impact fees lltherwise owed by
OWNER. OWNE..&,ttlrt+tcf·~.Pven•mts and agrees to comply with the /' .··•p (" affordah1c,/"·c~\~M\~r~~cr::rcc ·"·~~talifo.:ation nileria detailed in the
/ /"''' '~.,,,-. .{'/' ~' '\
lmpac.t l~e"'~r.·d.in·mce. . ":::\"-' \ / / {' ~"''-'~<'"''\ ' \
5. SUBSEQUENT/rRlNs1fER:· .. ,~ ... YMrNT. lfUW\_iER sells the Dwelling Unit
I l 1t.~"*'"' \
which i!'. suhje~t w(fth th~eqt~nt purchaser. the Dwelling
\ t*''~) l f~~ i
Unit shall he so~~ll} o pcrso 'Qti:ttg/the waiver 4ualifying criteria
\~\ j~I
\ \" -' l %\%""' )
set forth in the h\~ ,Fee Ordimmcc. e/q~~(b>,~' sale or transfer by gift of the
\
',, '•••JI / { ' /
-,"' ""#/ '"' \v"/ /r
Dwelling Unit. the 6 · )·QWNER shalJ.FC:ri,l~tJ/1iahle for the impact fees waived
" ")/'".· "'~,~~'~·"'""'=''"'~'"'""'~:""-~."""'" /'''"'' "!\' \ "''/,>"'''"
until said impact fees arc pai~.t{J~JJ~~]i)1ht·1~~, conditions set forth in the Impact Fee
Ordinance and this Agreement arc sutistied.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
afforduble housing as defined in the Impact Fee Ordinance during the term of this
Agreement: and if the Dwelling Unit ceases to be utilized for thut purpose during such
period, the full amount of the waived impact fees shall be immediutcly repaid to the
COUNTY.
7. LIEN. Owner agrees that commencing on the ctfoctive date of this Agreement and
continuing until paid or otherwise released the waived impact tees shall constitute and
be a lien on the Dwelling Unit in the amount of Sl.·ven Thou-.•111d Six Hundred Ninety-
- 3 -
16.D.4.b
Packet Pg. 938 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
Eight Dollars and Eighty Two Cents tS7.698.8.2). as set forth in attached Exhibit "B."
This lien may he forcdosed upon in the event of default under this Agreement.
Provided thut if the OWNER is the mortgagor. the COUNTY and OWNER agree that
hy. and in consideration of a suitahle security rnllah:ral heing provided hy the
OWNER to the COUNTY. then all of the COUNTY'S lien rights and interests arising
under this Agreement arc to be l.'onsidered junior. inferior. and subordinate to each
first mortgage on the Dwelling Unit. Except as l'lscwhen: noted in this Agrecllll.'nt,
and regardless of any foreclosure on the first mortgage or other security interest. sul.·h
lien shall otherwise be superior und parnmount Ill the interest in th"· Dwelling Unit of
any owner. lessee. tenant. mortgagee. or other P"'rson. except that this lien shall be 011
parity with any lien for County taxes.
8. RELEASE OF LIEN. U~,~nt1s4'a4.~tory 1.:omplction uf this Agreement's
.J.,/' < t: !il ( ; ( \ ·~·:>"··
requirements after fi!J~{S\~}\·~n·rs'fr1~1~t~~/~' of issuanl.·e of the certificate of
occupancy. ur UJXf7{~~~.'.~~iv~J~,~ focs. lhc COUNTY shall. at
the expense of t~e C~OUNTY'"' any 11 1 l.'essar~1 dlx\nnentation evidencing surh
l l.l' \
payment or rcleat~_:1)tl Ii ) F~"' j
9. BINDING EFFE~;::f0; \ ts Agree i, flnt;1Jmd and be binding upon the
\ ¥"'\''\ \ 'tS\ /\ . l l 1
'""''·", l
Pai1ics to this Agr~· ~t and their heirs. sl~~t•s1L . ,1
1
assigns.
\."', \,"i/'i.,/
10. RECORDING. This''{ . ·~t.l~.~t shull bc._r,et'\&t~~::~f;'y COUNTY at the expense of
-,,,C, "')'"<• Jr ~~~."'""'="°"~'"'""'"''""-~:o" /'''"''-"{(\ :: ://J
COUNTY in the Ofticia1"R:t4,JrM~J((\Mi~t'·{<;unty. Floridu. within sixty (60) d.ays
~'""'""~'='~='""='~'
after execution of this Agreement by the County Manager.
11. DEFAULT. OWNER shall be in default of this Agreement if:
a. OWNER fails to sell the Dwelling Unit in accordance with the affordable
housing standards and qualiticution crih.~ria est•tblishcd in the Impact Fee
Ordinance. and thereafter. fails tl' pay the impact fees due within thirty (30)
days of mailing of written notice of said no1M:ompliance. or
b. OWNER continues to violate any of the affordable housing qualitkation
criteria in the Impact Fee Ordinance for a period of ti ftcen ( 15) days after
mailing of written notice of the viol<ttion.
·-4 -
16.D.4.b
Packet Pg. 939 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
12. REMEDIES. The following remedies ure cumulutive with •my other right or remedy
available to the COUNTY:
a. Should the OWNER of the property: (I) fail to comply with the said
qualilkalion critcrii.1 at any time during the fifteen ( 15) yem term; or
(2) violate any provisions of lhis Agreemenl. then the dollar ;.unount of
impact fees waived shall he paid in full by OWNER Ill the COUNTY
within thirty (.lO) days of writll'n Jll)tifil:ation of said violation.
b. Should the OWNER otherwise be in default of lhis Agreement. ;.md
the default is not 1.:ured within ninety (90) days after mailing of written
noti1.·e to the OWNER, then the COUNTY may bring dvil i.K'tion to
enforce the Agreement.
C'OUNJ / '>)k\ in law or equity induding thl'
/\ ~' forc,1l(~>~t}~· of a mortgage on r~~,;~~rty. The COUNTY sh;,111 ~e
e1}lt1e~1tll;iy~~~::~-~~ff-fc'l~f\md l.'~ts, \aduding attorney fees, plus
l J \ \ i~\terJ<I •. . n~nts ~alculated on <t calendar day
t ~\ \ ,,J ! j
b\1\i) 1u\~:~rti\ ., r·· \
\ \
\ \ .
'\. ' j
IN WITNESS WHE~t:)~~~~ ... Partics hav: •. $·~~~i1~if<his Agreement for Waiver of
~.,,, .,e ". '""Ji""'·~~,~~~."'""'=""'~'"'""'"''.'"-~:'""''"''"···"'' "!i\ \ ,,,"",>"·'·"
Impact Fees on the date and year tirsr·all~~/'f!i~{C''\·\~.:::>:;:./
'" ~"'-"'""~ -="'-= ~ ~~
OWNER:
HABITAT FOR HUMANITY OF
COLLIER COUNT , lN~·'?//.
/ / , ,,,..
, :l' /,/;.;:, ,~ ,,. ,-
B)'.~· ~~/~/, ~· (,.. ~-
Samuel J. li>tirso, M.D .. President
-5 -
16.D.4.b
Packet Pg. 940 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
ST A TE OF Florida
COUNTY OF Collier
OR: 2935 PG: 1197
/
The foregoing Agn:emcnt was ac:knowlcdgcd be fort• me this-~ J41y of~ 200 I
by Samuel J. Durso. M.D .. Prcsidcn! __ uf · bitat for Humanily of Collier County, Int'. He is personally
known to me.
lNOTARfAL SEALJ
ST A TE OF Florida
COUNTY OF Collier
[NOTARIAL SEAL!
,.
I l
l
/
Name of Ac
Approval Recommended
Greg Mi lie, Director
Housing & Urban Improvement
COLLIER COUNTY. FLORIDA
-· 6 -
Y MANAGER
' i ·-'\;
day of/ (/)Y, · }Jl /~ t.,.-200 I
~rsonally known to me. ·------.....;"-----.............. ..._.._,
MARYE.BECK
•i M)' (\lMMISS.ION#('C~
'+II p.f" EXPIRES: . .\pnl 22. l004
Approved as to fonn and
~~cy -~~ Patrick G. White
Assistant County Attorney
16.D.4.b
Packet Pg. 941 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
EXHIBIT .. A ..
LEGAL DESCRIPTION
LOT 6, BLOCK 8, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH SI, INCLUSIVE. o•· THE PUBUC
RECORDS O•, COLLIER COUNTY, fo'LORIDA.
Type of Impact fo'ee
A. Library Impact Fee
B. Road Impact fee
C. Parks Impact Fee:
D. EMS Impact Fee
E. Educational Facilities
F. Water Impact fee
G. Sewer Impact Fee
H. Correctional Facilities Impact Fee
TOTAL IMPACT "'EES WAIVED
EXHIBIT ••e ..
- 7 -
1.778.00
1.275.00
1.575.00
117.98
$7,698.82
16.D.4.b
Packet Pg. 942 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
. . .
*** OR: 2935 PG: 1199 ***
16.D.4.b
Packet Pg. 943 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
U~; 2694545 OR! 2717 PG! 2156 RIC HI
HOD51MG i URBAN lKPROVIKBHT RBCORDID ln the OPPICIAL RICORDS of COLLill COUITY, PL
IRTIROPPJCI 0'/0~/2000 at 08:06A!I DVIGHT I. BROCI, CLlll
AGREEMENT FOR WAIVER OF COLLIER COVNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this _ day ot' ___ 1000. hy the
Cow1ty manager on behalf of the County Commissioners of Collier County. Florida. hcreinatler
referred to as "COUNTY" and Habitat for Humanity of Collier County. Inc .. hereinatler reterred
to as "OWNER."
WI TN E S S E TH:
WHEREAS. Collier County Ordinance No. 98-69, the Collier County Regional Wah~r
and/or Sewer Systems Impact fee Oruinwwe; Collier County Ordinance No. 88-97. as amended.
the Collier County Library System Impact fee Ordinance; Collier County Ordinance No. 99-~9.
the Collier County Parks and Recr~~~!Pn~,~~~ftl(}~~~t Fee Ordinance~ Collier County
,//" \,,) ,ll'·~"""''""«'"'""'"~""'~"==·~"""''""'""'""·· ~,.,~/ l\ ;I",~'*''
Ordinance No. 91-71, as wnend~4:<&, ,, ollier Couniy;:l!p<ej~ncy Medical Services System
// ""~''''./',. ~,, \
lm~l f" Or\Jimmce; Collii' c/6n'l~:::~rlhl~£!:,~,~f'''~2-22\as ~ended. the Collier County
j l w"J\ \ \
Road Impact Fee Ordinanci! C1!J~~~u? 1 'i)
1
-31ii as amended. the Collier
County Educational Facilitie1 ,~ 1 1 ' 4r~ )£,~l)ier County Ordinance No.
\ \ , J, c:_."'""""';~';£ L":°"w':\,"' l ;~1,, "'' j
99-52, the Collier County Co~S,t\onal Facilities Imp~ Fee )Orqi~e. as they may be further
\ \' \ \, \ ' ! ,l_ ~%"""'/ l
amended from time to time, ~jf~~~er collectively' h{~A~s "Impact Fee Ordinance",
provide for waivers of impact ~'l' , ~,.,Q.~ner;~· . ted' dwelling unit qualifying as
"·,.. . l , ,~ \,,
affordable housing; and '',:_~:.-., .... ,., .... :.:.,~····
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 otlice of Housing and Urban
Improvement; and
WHEREAS. the County Manager or his designee has reviewed the OWNER's application
and has concluded that it complies with the requirements for an affordable housing waiver of
im~t fees QS established in the Impact Fee Ordinance: and
WHEREAS. the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualitying the
project as eligible for an impact fee waiver; and
- 1 -
ll.M 16.D.4.b
Packet Pg. 944 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
OR: 2717 PG: 2157
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:
t. 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 as,r,~~'!)~~;~~~'? / ""';~~I remain as affordable housing
i,r\,,,,'/ I"',
and shall be offered for sale ip' a~~dance with the stand~s, ~ tbrth in the ap~ndices to the
Impact Fee Ordinance for a tri#''o~lt,,,,"~~\",,",fyeak'I om~ci~ from the date the certificate
I / /'~"»"":::,~:;;:"<'i P"~·t' \ \
of occupancy is issued for lfle Q~e,lin'jftJ ., 1 \ l
R n_ ~ 't -l1 J \ " 1 l
4, RCPRCSENT t\ Y"~~\~~~~'~l EsJ\~&1" represents and warrants the
I\\ ! f.·~-,f
following: \:}~\;,. } l ·
1
a. The Dw~~:~!!,,~hall be sold#,t.9 .. ,. o~hold with a very low income as
~.,,, ,,ell\,. . "')'"<· ~~,~~~."'""'=""'~'"'""'"''""-~:'""''"' '"···"'' "!i\ . ""/,,/
defined in thC:'··~f!~.~~!}~::!.tW>'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 tirst·time home buyer;
c. The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unil :>hall rem'1in ii:> .iftordubl~ huusing for titl"n (ls)
years from the date the certiticate of occupancy is issued for the Dwelling
Unil; and
e. OWNER is the owm:r of record of the Dwelling Unit and owes impact
fees in the total amount of $7,586.34 pursuant to the Impact Fee
-2 -
16.D.4.b
Packet Pg. 945 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
OR: 2717 PG: 2158
Ordinance. In retum for the waiver of the impact tees owed by OWNER.
OWNER covenants and agrees to comply with the affordable housing
impact fee waiver qualification criteria detailed in the Impact f tX
5. SUBSEQUENT TRANSFER. If OWNER sells ihe Dwelling Unit subject to the
impact fee waiver to a subsequent purchaser, the Dwelling Unit sludl be sold only to households
m~ting lhe ~rilerio ~l nmh in th~ Imp"~' fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized fbr
affordable housing for a fifteen ( 15) year period atlcr the date the cenificate of tx:cupancy is
iggll!d: and if the owellinll Unil ccnsc~ to oc utiliull ror uuu purpo~ \lwrinM iiW~h ~nw, nw
impact fees shall be immediately repaid to t~.~t~Q.!JNTY.
7. LIEN. lbe waive. ···~i~&!~i::~ ~jcn upon the Dwelling Unil on \h~
effective date of this A~' . ~~ich lien m~; )~~losed upon in the event or
/ / ~~~'"'~"~""="'""'~<·"0,\ \
non-compliance with the fC1luif9fuerlfs·CJkbis:~····r:eerfi~t. \
I i/· /. \ \
8. RELEASE / Of{{
1
( I ·1 1 , fO"fletion of the Asreemcnt
requirements and fifteen <\~)!~~,~~::tt~~~~l , 'iss~ JJi.BJ certificate of occupancy. or
I\ · ·~'SI ! i~f
upon payment of the waiv \ ''> \f\act fees. the COU~~y ~~. i ·: .
1
he expense of the COUNTY.
'""''\""' v ~~""J /l.( ii/ t~~~~!~encing the #~~JR1il\a!~rt of the lien. including, but not
.,,, .,("· "')'"<· ~~,,~~."'""'=""'~'"'""'"'"'"-~'°""''"' /'''"'' "!(\ \0,f,,,,,,/
"·· I f. l ,. ,.'.Ii \ . •/ / ~-%,~"'~'""~~,~~,,.~'"~·-,~='"=~'"::~.·.~,:::·:,ft~,,,d/ limited io, a rele11Se of lien.
O. BINDING EFFECT. Thi~ Agreemt!nt shall be binding uixm the parties to this
Agreement and their res~tive heirs, personal rcprcsentulives, s~~essors and assigns. In the
case Of sale or trunsfer by gin of the Dwelling Unil, th~ original OWNER sl\Qll remttin liable for
the impact fees waived until said impact fees are paid in full or until the conditions set forth in
the Impact f cc OrdiDWlCC me ~li~tiw. In 11ddiUon, this Agswmcnl stu.11 nm with the land and
shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are sat1st1ed.
10. RECORDING. Th~s Agreement shall be recorded by OWN~ll nt the expense of
OWNER in the Official Records of Collier County. Florida. within titleen (15) days atler
execution of this Agreement by the County Manager.
- 3 -
16.D.4.b
Packet Pg. 946 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
11.
OR! 2717 PC:! '159
DEFAULT. OWNER shall be in default of this Agreement (1) where OWN.nf
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 (~0) days of said non-compliance. or (2) where OWNER violates
one of the affordable housing qualification criteria in the Impact Fee Ordinance tor a period of
fifteen (t 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
uny provisions of this Asreement, the impact tees 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 Hen on the llwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen ( 15) years fr~pl c""""""~~~~"~:' "~(,the certificate of occupancy or until
repaid. Such lien shalt be suye"~~/ ~(paramount t~~th~~~ in the Dwelling Unit of any
owner, lessee, tenunt, mong"ee/or1:i;~~~rson·e~)?t lien~for ~ounty taxes and shall be on l / % \' \ \ \
parity with liens of uny :sue~ c~,fu~~" l \ be 'n default ot' this Agreement
• ii I ! I I •
t t\ \ 10\\ ~ -~ ! j
and the default is not c~(~'tmQ:t ·· " £~~writt t:· ""tp OWNER, the Board may \ r· \ \~,, , / /
bring a civil action to entr \ fl ,~is ogreemenl. lq~\~di.1io~.:' / lien may be foreclosed or
otherwise enforced by the c;\ff~~'~y action or s~~~::~'./~';;{~ as for the foreclosure of a
-~' \0.i 11', ••, . /.. (\ \ ""
mortgage on real property. This rethc<l{~R~f~~;~~ill{~y other right or remedy available
"~,~~'""'""~'='~='""='~'"-
to the COUNTY, Th' IWurd :tluall 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 ba.ciis until paid.
IN WITNBSS WHEREOF. the l'Jlrlies have executed this Agreement tbr Waiver
of lmplWl hes on the date and year first above written.
Witnesses: OWNERS:
-4 -
16.D.4.b
Packet Pg. 947 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
OR: 2717 PG: 2160
ST A TE OF Florida
COUNTY OF Collier
The foregoing instrument was acknowledged before me this~ day or UL\'~L_.\-• 2000
by Samuel J. Durso. M.D .. President of Habitat for Humanity of Collier County. Inc. He lS personally
known to me.
[NOT ARIAL SEAL]
\. c \ 1... _._ r±'...6--:l '\3 e o r6 __ _
ame of Acknowledger Typed. Printed or Stantped
_/'
DATED; l
ATIEST: /
DWIGHT E. BROCK. Clerk/
Approved as to fonn and
legal sufficiency
OW\~ n.otas C. Palmer
Assistant County Attorney
- 5 -
NAGER
16.D.4.b
Packet Pg. 948 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
OR: 2717 PG: 2161
EXHIBIT"A"
Legal Description
Lot 9, Block 5, Naples Manor Addition, as
recorded in Plat Book 3. Pages 67 and 68. of
the Publi~ Re~onb of Collier County,
Florida.
16.D.4.b
Packet Pg. 949 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
ITA It OF fl.Oftll>A)
COUNl't' Of COl..l.D)
~
L-H
,..._ ____________ _
/
/\
/
\
N
t ,/
MMIYAY,. IUWllY'I at CGl.lla CCUNY'I, llC. P0811LL\--AllDCIA111. DIC. UI fllll
16.D.4.b
Packet Pg. 950 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
AGREEMENT roR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this \J day of fi \? 2001.
by the County manager on behalf of the County Commissionen of Collier County. Florida.
hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County. Inc .•
hereinafter referred to as "OWNER."
WITNESS ETH:
WHEREAS. Collier County Ordinance No. 98-69, dle Collier CoWlty RegioDBI Water
and/or Sewer Systcms lmi-;t fee Ord~; Collier Count)' OrdinmM;e No. 88-97, as amended.
die Collier Count)' Library S)'stem Impact Fee Ordinance; Collier County Ordinance No. 99-l9.
the Collier Count)' 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. u 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-S2. the Collier County Correctio J ,,''~!i~~~t~,(?Rlinance. u they may be further
""~" "°'''"""'""'"" :,z \/ ')') ~.\
amended from time to time. ~l >' er collectively re~;"\ as "lma-1 fee OrdiIUD;C",
provide for waivers of im~t 1~:;,,,,,,,~.llWM?~up~ ~lling unit qUDlifying as
I l~~~ \ \ \
llfonllbl; hou:tms; and
1
1 I/'' l /'' ~\ \
J t § ~ l u ~ j \ t t ' j
WHEREAS. OWNE~~"4~:'''' ~, jas required by the Impact
\ ,,,~'· \ i
Pee Ordinance. a copy of Ui'<f'a\ lication being on ce of Housing and Urban \ ,, .
' '\
Improvement; and \"~:~~~'
WHEREAS, the CoWlty M~r . viewed the OWNER's application
"""""'
and bas concluded that it complies with the require~ents 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. dle County Manager has approved a waiver of
these impact fees for OWNBR,
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Apwmcni with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals. the parties covenant and
agree as follows:
- 1 -
2750598 OR: 2777 PG: 2057 w ii amcm aw 11 cmm cmn, n
H/H/2Ml at lt:Hll 111• •• ma, am
Itta: • IWlll!IJMHID11• ..... •ID H.H
16.D.4.b
Packet Pg. 951 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
OR: 2777 PG: 2058
I. 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 fonh in the appendices to the
Impact Fee Ordinance for a period of fifteen ( 15) years commencing from the date the cenificate
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 appendice:s
to the Impact Fee Ordinance;
b. The Dwelling Unit shall be~!~" "":~r"t(~~"jp 7
//"" ,-'"'''''"""~"''~"~"''',~'J,l '
c. The Dwelling Unit sha~~/~.i,/ estead of o ' )'-;"'\
d. The Dwelling Unit ,&11/1'~f~,~~as'affatdal?t1"'rousi~ foi\fifteen (IS) years from the
l l w\ ,,,,~,r~'"'"',, \ \ \
date the certificate of occp~y~~~\ · '1t: ai\d
J !I I 3 t r \ ' t 1
e. OWNER is the o~A~ rt\e~~~~!Ye, 1
, :'"' ng f~"~es impact fees in the total
amount of $7.698.82 p~\\~~,dte .;;t Fee''~.!na?ce. / tum for the waiver of the
\ \_ ""'''>4 'J:'"r°"" 1 l
impact fees owed by OWN, , \fNBR covenant:s Grtct, : , ,io comply wiUl \he GJTordlble
housing impact fee waiver q~4t~9n',~9't~~~i~:, ·1' Impact fee Ordinance. A li:st ,,, .~ " J., I f\~-:C. ,/· "'"·~, .. "~ '~ ">-0'' '\\~.,' ¥-~ ID'"''~""''»'_,;.<ft
of the various waived impact fees is attac6ecttreretO as Exhibit ••e ...
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 (IS) year period after the date the certificate of occupancy is
issued; 111d if the Dwelling Unit ceases to be utili7.ed for that purpose durin15 such period, the
impact fees shall be immediatel)' repaid to the COUNTY. except for waived impact tees 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
cft'cc.tive date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
- 2 -
16.D.4.b
Packet Pg. 952 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
OR: 2777 PG: 2059
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
miuirem~nts and fifteen ( 1 S) rears 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
cue of sale or transfer by gift of the Dwelling Unil, the origimal 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 Cowil)' Mwuagcr,
11. DEf AULT. OWNER/~J>al ~ltn~~m~:~~"this Agreement (1) where OWNER
"""'°"'"< \,,) "'""'"~"'~'=='~"~""'"'"'Co (.,,~/ /~\ j0 '""',,
fails to sell the Dwellins UniJ:~i / · ·· ofdance wiili''~.?~rdable housing standards and
qualifi<ation <rileria os1abll~ f 'J:.~.f~~~ ~ thereafter fail• to pay the
impact fees due within thiny' (39· ,s1 ~f. \ , · .. " ... ' · ~or~) where OWNER violates
t 1 \~l~ \i~'\I'' \ ~
one of the affordable housi4H ' fit \~:~tK~ t}f~J Ordinance for a period of
1\ ,,•, ~ x1t,,,R J 1, 1
fifteen (lS) days after notice\· violation. . ·-·\;~;fef. l /.~'/
.\ .. ~~~. .1 /).:"~)/
12. REMEDIES. I:(~ OWNER of \li~~~1/fail to comply with the said
qualification criteria at any time·~,~~·Jitl~!LLlS}::~~:;;~od. or should OWNER violate
any provisions of this Agreement. the ~~WJ~J~\J!id·~n 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 etTectivc 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 paramount to lhe interest in the Dwelling Unit of any
owner, lessee, tenant, mongagee, or olher person except liens for County taxes and shall be on
parity with liens of any such County tax~. Should the OWNER be in default of this Agreement
and the dcfaull is not ~wed wiUlin (JO) 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 cnfon:ed by the COUNTY by action or suit in equity as for the foreclosure of a
mortsage 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 1t lhe :iU\lutory nale for
judgments calculated on a calendar day basis until paid.
- 3 -
16.D.4.b
Packet Pg. 953 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
OR: 2777 PG: 2060
IN WITNESS WHEREOF. the parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses:
ST A TE OF Florida
COUNTY OF Collier
OWNERS:
HABIT AT FOR HUMANITY OF
COLLIER ~O Y~/ / .·::~
. ,...,,.~,; /
B V: ·· "'... .f" ?< ',>' I '"---_,.---
Samuel J. r;>urso. M.D., President
The foregoing insU'Ulllent was &M:knowledged before me this ~-A~Y of Fi· bn Kl '*f 2001
by Samuel J, Durso, M.D., President of Habitat for Humanity of Collier County. Inc. He is personally
known tome.
[NOT ARIAL SEAL]
LAUREN J. BEARD
MY CX>MMISSION II CC m1t1
STA TE OF Florida
COUNTY OF Collier
de -~6.-rJ
Notary Public
TY MANAGER
,,,_
The foregoing instnunent was acknowledged before me this \ 2-day of fe,_b . 2001
by lbomas W. Olliff, the County Manager. He is personally known to me:,
[NOTARI ~
~!!~-~~~~ :~~~-. •• ..,,. •pi:;.•
•i ••• i•
\\\ ICC7~ i~ ,~;.;f\f
ApprovJ 1~
legal sufticiem;y
IDM~
Thomas C. Palmer
Assistant County Attorney
- 4 -
16.D.4.b
Packet Pg. 954 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
OR: 2777 PG: 2061
' I • I
EXHIBIT .. A"
LEGAL DESCRIPTION
LOT 61 BLOCK 8, NAPLES MANOR, UNIT 1, AS RECORDED IN PLAT
BOOK 3, PAGE 57, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA.
A. Library Impact Fee
8. Road Impact Fee
C. Parks Impact Fee:
D. EMS lm~t Fee
E. Educational Facilities System lmJ*l Fee 1, 778.00
F. Water Impact Fee 1.27S.OO
O. Sewer Impact Fee $1.S7S.OO
H. Correctional Facilities Impact Fee 117.98
TOTAL IMrACT FEE5 $7,6'8.83
- 5 -
16.D.4.b
Packet Pg. 955 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
. . . . *** OR: 2777 PG: 2062 ***
I
t
-3: a::: .
0
<D
'-""
w l :J z
w > <(
z
~
0
~I
0
....J
LL
-~-
.. e.o. f"""' -
STATE tJF nOAtOA)
COUNTY CE CQJJER)
f'ND, Ci.II. r __ A_
1ZO.Oll'f
l__
tl0.00' (P) • (II)
ne,.•~ ·--., . --
COLLINS STREET
LOT J I LOT 10
N 50'27'30" E 60.00'
N 50'27'JO" E 60.0()'
(60' R/W) ..
sn atr a
• Cl#
LOT 7
sr•vr-• cw
t. F. w. Rowe. a Reallttrtd Land 5urw)111f' In the State of Florido, hereby c•llfy to Habitat tor Humanity or Collier County. Inc.
thctt the for1901nt plot ,._,. a --.y of the followlnt checrlbed premlMe:
LOT • aoac EIGHT. NAPU:S MANOR, UNIT NO. ONE. OI recorded In Plot Boole 3 P• 57
of the Public Recordl of Collllr c-nty, Flartda. Thot a --.y of the Clbow ~ """*'Y wae mode under my •ect1an and fMeta the M~ Techftloal Standorde OI I* Chaptw 11C17-I F'1orlcla Admlnllltratlve Code, pura1ant to
s-t1on 472.027 • .,_.. stotut... "-• -110 ..,._ ~ otti. than 11\own. no .-mtnt1 or clalm• or
llUnnMt. of whieh WI Mw llMlilldol. No lltlt llCl'cft hell .,... modi tlJ U'9 "'"9J'DF• "9 ottempt hoe "-fnade to
"""' ... ""'""' the turfQG9,
Street Addr-. la 522.J Calllna Street. Naplee, Fl.
~ eonfann to Plot 8oolc 3 Poae •-17
CJewlgUiine are N.o.v.o. run 1n from 8lol T250 ~===j~~~Ji!!!C:::::JC:!~~~~~~!:::~~=~=~ flrclpert, .. 1n Flood z-• AE.. I BOUJmOY 8UllYIT ,.. .... ,.
too-,... lood .._.loft le 7.0' F8 1144 tl l-N
,,... •A. n ....... .... ........ . -..........._ ._
HMITAT FOR HUUANllY 01 c:cwr• CGUNYY. INC·
POll'llll.l.A-ltOft AllGelAftl. •. I.I ,. ••
1314 LIMOOD #IC.
SCAl.[: ,. -:IO'
(_.t) 775-Mlt
16.D.4.b
Packet Pg. 956 Attachment: SHIP Impact Fees Habitat for Humanity paid but not Released (3910 : SHIP IF for HfH paid off and not released)
16.D.4.c
Packet Pg. 957 Attachment: SAP Back up Paid off Not Released (3910 : SHIP IF for HfH paid off and not released)
16.D.4.c
Packet Pg. 958 Attachment: SAP Back up Paid off Not Released (3910 : SHIP IF for HfH paid off and not released)
16.D.4.c
Packet Pg. 959 Attachment: SAP Back up Paid off Not Released (3910 : SHIP IF for HfH paid off and not released)
16.D.4.c
Packet Pg. 960 Attachment: SAP Back up Paid off Not Released (3910 : SHIP IF for HfH paid off and not released)