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Agenda 11/14/2017 Item #16D 511/14/2017 EXECUTIVE SUMMARY Recommendation to approve one Release of Lien to combine the release of 29 separate liens for a combined amount of $223,265.78 for properties developed by Habitat for Humanity of Collier County, Inc. that have remained affordable for the required 15-year period set forth in the State Housing Initiatives Partnership (SHIP) Impact Fee program deferral agreements. OBJECTIVE: To support the affordability of housing in Collier County through the SHIP Impact Fee Program. CONSIDERATIONS: Pursuant to Article IV of Chapter 74 the Collier County Code of Ordinances, the County shall defer the payment of the impact fees for any new owner-occupied unit which qualifies as affordable housing. Section 74-401(a) (3) of the Code authorizes the County Manager to enter into an Agreement for Waiver of Collier County Impact fees, more commonly known as a SHIP impact fee deferral agreement with the owner or applicant. Under the SHIP Impact Fee Deferral Program, when an eligible applicant is approved for an impact fee deferral, the SHIP Program pays the required impact fees in full to the County on behalf of the applicant and defers the SHIP repayment to the applicant until the property is sold, refinanced, or no longer their primary residence. The Dwelling Unit is to be utilized for affordable housing for a 15-year period after the issuance of the certificate of occupancy. The following table provides details regarding Habitat for Humanity of Collier County, Inc and associated liens that have met their 15-year affordable housing obligation. As such, Release of Lien is required. Approval of these items will authorize the Chairman to sign the aforementioned Release of Lien, and the executed document shall be recorded in the Public Records of Collier County, Florida at the cost of the County. CO Date 15-Year Affordability End Date Legal Description Sub-Division Organization Name Impact Fee (OR/Pg) Impact Fee Amount 6/28/2002 6/28/2017 Block A, Lot 2 Habitat Village Habitat for Humanity 2935/787 $7,698.82 6/28/2002 6/28/2017 Block A, Lot 3 Habitat Village Habitat for Humanity 2935/795 $7,698.82 6/28/2002 6/28/2017 Block A, Lot 4 Habitat Village Habitat for Humanity 2935/803 $7,698.82 6/28/2002 6/28/2017 Block A, Lot 5 Habitat Village Habitat for Humanity 2935/811 $7,698.82 11/13/2002 11/13/2017 Block A, Lot 6 Habitat Village Habitat for Humanity 2935/819 $7,698.82 6/28/2002 6/28/2017 Block A, Lot 7 Habitat Village Habitat for Humanity 2935/827 $7,698.82 6/28/2002 6/28/2017 Block A, Lot 8 Habitat Village Habitat for Humanity 2935/1112 $7,698.82 6/28/2002 6/28/2017 Block A, Lot 9 Habitat Village Habitat for Humanity 2935/1120 $7,698.82 6/28/2002 6/28/2017 Block A, Lot 10 Habitat Village Habitat for Humanity 2935/1128 $7,698.82 6/28/2002 6/28/2017 Block A, Lot 12 Habitat Village Habitat for Humanity 2935/1144 $7,698.82 6/28/2002 6/28/2017 Block A, Lot 13 Habitat Village Habitat for Humanity 2935/1152 $7,698.82 6/28/2002 6/28/2017 Block A, Lot 16 Habitat Village Habitat for Humanity 2935/1176 $7,698.82 6/28/2002 6/28/2017 Block A, Lot 17 Habitat Village Habitat for Humanity 2935/1184 $7,698.82 6/28/2002 6/28/2017 Block A, Lot 18 Habitat Village Habitat for Humanity 2935/386 $7,698.82 6/28/2002 6/28/2017 Block A, Lot 19 Habitat Village Habitat for Humanity 2935/394 $7,698.82 8/20/2002 8/20/2017 Block A, Lot 22 Habitat Village Habitat for Humanity 2935/418 $7,698.82 16.D.5 Packet Pg. 961 11/14/2017 8/20/2002 8/20/2017 Block A, Lot 23 Habitat Village Habitat for Humanity 2935/426 $7,698.82 8/20/2002 8/20/2017 Block A, Lot 24 Habitat Village Habitat for Humanity 2935/378 $7,698.82 7/23/2002 7/23/2017 Block A, Lot 26 Habitat Village Habitat for Humanity 2935/362 $7,698.82 9/24/2002 9/24/2017 Block A, Lot 28 Habitat Village Habitat for Humanity 2935/659 $7,698.82 10/29/2002 10/29/2017 Block A, Lot 30 Habitat Village Habitat for Humanity 2935/667 $7,698.82 10/29/2002 10/29/2017 Block A, Lot 31 Habitat Village Habitat for Humanity 2935/675 $7,698.82 11/13/2002 11/13/2017 Block A, Lot 32 Habitat Village Habitat for Humanity 2935/683 $7,698.82 6/28/2002 6/28/2017 Block B, Lot 3 Habitat Village Habitat for Humanity 2935/635 $7,698.82 6/28/2002 6/28/2017 Block B, Lot 4 Habitat Village Habitat for Humanity 2935/643 $7,698.82 11/13/2002 11/13/2017 Block B, Lot 7 Habitat Village Habitat for Humanity 2935/1200 $7,698.82 6/28/2002 6/28/2017 Block C, Lot 13 Habitat Village Habitat for Humanity 2935/1208 $7,698.82 6/28/2002 6/28/2017 Block C, Lot 14 Habitat Village Habitat for Humanity 2935/1216 $7,698.82 6/28/2002 6/28/2017 Block C, Lot 16 Habitat Village Habitat for Humanity 2935/1232 $7,698.82 $223,265.78 FISCAL IMPACT: There is no fiscal impact associated with the Release of Lien. The $18.50 recording fee will be paid by SHIP Grant Fund 791, Project 33467. LEGAL CONSIDERATIONS: This item is approved for form and legality and required a majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. RECOMMENDATION: To approve and authorize the Chairman to execute a R elease of Lien for the combined amount of $223,265.78 for 29 properties developed by Habitat for Humanity of Collier County, Inc. that have remained affordable for the required fifteen-year period set forth in the State Housing Initiatives Partnership (SHIP) Impact Fee program deferral agreements. Prepared By: Wendy Klopf, Operations Coordinator, Community & Human Services Division ATTACHMENT(S) 1. Release of Lien-HfH Habitat Village 29 units CAO initials (PDF) 2. Homestead Verification Habitat Village (PDF) 3. [Linked] Habitat Village Impact Fees Combined (PDF) 16.D.5 Packet Pg. 962 11/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.5 Doc ID: 3986 Item Summary: Recommendation to approve one Release of Lien to combine the release of 29 separate liens for a combined amount of $223,265.78 for properties developed by Habitat for Humanity of Collier County, Inc. that have remained affordable for the required 15-year period set forth in the State Housing Initiatives Partnership (SHIP) Impact Fee program deferral agreements. Meeting Date: 11/14/2017 Prepared by: Title: Operations Coordinator – Community & Human Services Name: Wendy Klopf 10/18/2017 10:30 AM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 10/18/2017 10:30 AM Approved By: Review: Community & Human Services Kristi Sonntag Additional Reviewer Completed 10/18/2017 10:49 AM Community & Human Services Lisa Carr Additional Reviewer Completed 10/18/2017 2:57 PM Community & Human Services Leslie Davis Additional Reviewer Completed 10/19/2017 9:48 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 10/24/2017 8:46 AM Public Services Department Kimberley Grant Additional Reviewer Completed 10/25/2017 4:25 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 10/26/2017 5:00 PM Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 10/26/2017 5:15 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/27/2017 8:11 AM Grants Erica Robinson Level 2 Grants Review Completed 10/27/2017 12:15 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/01/2017 11:46 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/01/2017 12:02 PM Budget and Management Office Ed Finn Additional Reviewer Completed 11/01/2017 12:09 PM Grants Therese Stanley Additional Reviewer Completed 11/01/2017 4:09 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2017 4:12 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/03/2017 10:32 AM Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM 16.D.5 Packet Pg. 963 16.D.5.a Packet Pg. 964 Attachment: Release of Lien-HfH Habitat Village 29 units CAO initials (3986 : SHIP IF Release of Lien Habitat Village-29 units) 16.D.5.a Packet Pg. 965 Attachment: Release of Lien-HfH Habitat Village 29 units CAO initials (3986 : SHIP IF Release of Lien Habitat Village-29 units) i i \..0111er \..ounty t"roperty Appraiser Property Summary Page 1of1 Parcel No. I 48600000187 Site Adr. j 12028 SITTERLEY ST, NAPLES, FL 34113 Name/ Address ZAVALA, MANUEL=& CARMEN -1 12028SITTERLEYST ---------------------·-~ City I NAPLES _L_ State I FL Zip ! 34113-7920 J --.---· Map No. ] Strap No. Section Township Range SB33 393200 A 25B33 33 so 26 Acres *Estimated 0.09 L_ ___ _ Legal I HABITAT VILLAGE BLK A LOT 2 _J -~ Millage Area • / s3 Millage Rates • *Calculations Sub./Condo 1393200 -HABITAT VILLAGE School Other Total Use Code • I 1 -SINGLE FAMILY RESIDENTIAL 5.122 6.3384 11.4604 -1 Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) ~1 __ D_a_t_e __ t--_B_o_o_k-_P_a=g_e--11----A_m_o_u_n_t _ ___,l L___La_n_d_V_a_lu_e ___________ -+-_ ~7/08/02 3067-1647 -~----$ 71,0~ ! (+) Improved Value $ 65,4091 $ 70,4111 I I (=) Market Value $ 135,820 ·-'---- I (-) Save our Home $ 55,747 l (=) __ A_s_s_e_ss_e_d_V_a_lu_e _____________ i ______ $ 80,073 1 ! ( - ) Homestead _, ------------$ 2s,oool i (=) School Taxable Value ! ( -) Additional Homestead i (=) Taxable Value $ 55,073 $ 25,000 ·--------+------__, $ 30,0731 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/RecordDetail.html?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/787 16.D.5.b Packet Pg. 966 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \..0111er \..aunty t'roperty Appraiser Property Summary Parcel No. 48600000200 I Page 1of1 ~-------~------__j_- Site Adr. J 12032 SITTERLEY ST, NAPLES, FL 341_1_3 __ I Name I Address CHERY, JEAN C ----- MARIE CHERY SAINTIL 12032 SITTERLEY ST c NAPLES _L__ State I FL-~----Zi~ I 34~13-7920 Map No. I Strap No. I Section Township I I T SB33 i 393200 A 35B33 I 33 so ·'--I L Range ! Acres *Estimated 26 0.09 --~----------~---------- Legal I HABITAT VILLAGE BLK A LOT 3 _______ ] r---_ __:_M::=il=la=g=e=A=r=ea==•~!~S~3 _______________ _ Sub./Condo I 393200 -HABITAT VILLAGE f------Use Code• I 1 -SINGLE FAMILY RESIDENTIAL-- Millage Rates e *Calculations I School Other Total 5.122 6.3384 11.4604 -------· Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) ,----D-a_t_e __ -.--l _B_o_o_k_-P_a_g_e-,-J ___ A_m_o~u_n_t--~I ,....I __ La_n_d_V-al_u_e----~--~~----,-· ~_0_7_/08/02 ! 3067-1193 l $ 71,ooi] I (+) _l_m_p_r-ov_e_d_V_a_l_u_e----------+--$ 70,411 $ 65,4091 " -------; I (=) Market Value $ 135,820 ----'-· l ( -) Save our Home I i I (=) Assessed Value r ( -) Homestead : ·------- ! (=) School Taxable Value b Additional Homestead I (=) Taxable Value I $ 55,747 -·+-i ____ $ 80,0731 $ 25,000~ ·--+ ! $ 55,07~ $ 25,000[ i $ 30,073! If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/rnain_search/RecordDetail.htrnl?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/795 16.D.5.b Packet Pg. 967 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) L \..0111er \..OUnty t"roperty Appraiser Property Summary Parcel No. J 48600000226_~ ___ Si_te_Adr. I 12036 SITTERLEV ST, NAPLES, FL 34113 Name I Address GARCIA, FEUCITOS=& DAMARIS 12036 SITTERLEY ST Page 1of1 <----------------·------------------------·- -~ ,~--- City ~AP __ LE_S _____ _ State I FL Zip i 34113-7920 -~----.L__ ------~ Map No. Strap No. Section I Township T Range Acres *Estimated 5B33 393200 A 45B33 33 J ___ 5_o_ 26·-~--0.09 C _______ L_e_g_a_I '-HABITAT VILLAGE BLK A LOT 4 ·---------- l ---, Millage Area • j 53 ------------i Millage Rates • *Calculations I , Sub./Condo 1393200 -HABITAT VILLAGE r----·---·--- School Other Total l ! Use Codee i 1 -SINGLE FAMILY RESIDENTIAL ·-----;--I • -1 5.122 6.3384 11.4~~J Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date j Book-Page I Amount i I Land Value ______ J__ $ 65,409 J 07/08/02 I 3067-1597 I $ 71,000 I l (+) Improved Value $ 70,411 1 ·------------------+----------, ! : (=) Market Value $ 135,820 ~<••---------- i ( -) Save our Home $ 55,747 I I (=) Assessed Value f}H;;;estead : (=) School Taxable Value I s 80,0731 ------r----~' $ 25,000 ·------+------ ! ---$ 55,0731 -----+----s_25,ooo I ____ _Ll ___ $_30_,0_7~31 : ( - ) Additional Homestead r I (=) Taxable Value If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/RecordDetail.html?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/803 16.D.5.b Packet Pg. 968 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) [ I \..0111er \..ounty t"roperty Appraiser Property Summary ______ Pa_r_ce_l_N_o]i8600_o_o_o_24_2_~--Site Adr. I 12040 SITTERLEV ST, NAPLES, FL 34113 Name/ Address /ORTIZ, RUBEN f ORTIZ, ALEU 12040 SITTERLEV ST Fi------------ Page 1of1 City I NAPLB-State I FL ----·-----,-----------< --------~' Zip I 34113-7920 _l_ _____ L ---·---' Map No. I i SB33 I L __________ J__ Strap No. 393200 A SSB33 ~tion Township-+ Range 1--Acres *Estimated ===i L__ 33_~_ so _J_ __ 26 __ L ____ o_.0 __ 9 ___ ~1 Legal I HABITAT VILLAGE BLKALOT_S _____ _ ~---------------------·---_J ·-----------------1 ------------i 1 Millage Rates • *Calculations 1 I Millage Area • 153 , Sub./Condo i 393200 -HABITAT VILLAGE I School Other Total -----· i~: ----·---l _i __ Use Code e i 1 -SINGLE FAMIL V RESIDENTIAL 5.122 6.3384 Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount ! J Land Value ,___0_8_/_0_2/_0_2 _ _,___3_08_3 ___ 2_6~78_.....,L ______ $_7l:oool ~Improved Value -+-· I ·-----L---·-------------i I (=) Market Value ~ i (-) SaveourHome ; (=) Assessed Value i ! ( -) Homestead i I (=) School Taxable Value I ( -) Additional Homestead I ! (=) Taxable Value I ·----i- I ___ _j_ i 11.4604 I $ 65,4091 $ 70,411! l $135,8201 I $ 55,747 $ 80,073 $ 25,000\ $ 55,0731 ' $ 2s,ooo/ $ 30,073j If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/RecordDetail.html?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/811 16.D.5.b Packet Pg. 969 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \..0111er \..ounty t'roperty Appraiser Property Summary Site Adr. j 12044 SITTERLEV ST, NAP~ES, F_~. 34113 __ _ Page 1of1 -·------------------------·------------·------------------- L Name I Address RIVERA, REINALDO IMELDA MEJIA 12044 SITTERLEV ST City I NAPLES I , _____ _,..;__ : --~ ----··-----1 ! ·--1. -~-------------1 ._s_ta_t_e_._I F_L ___ _l__~!>J 34113-7920 i L MapNo. _J_ _____ S_tr_a_p _No_.__ ~-_S_e_ct_io_n_·~---=T~o~w::..:..n::.s::..:.:hi:!:p_+-~R=a:.:..:n~g-=-e-+ _ __:A..:.:c:.::..re:..::s~*E=s=ti=m=a=te=d=--~ SB33 \ 393200 A 6SB_3_3 __ ~1 ___ 3! __ J so 26 ________ 0_.o~-----···-; ___ Legal I HABITAT VILLAGE BLK A LOT 6 f--·---·-_-M_il_la_g_e_A_r_ea_•--+i_s_3_ Sub./Condo 1393200 -HABITAT VILLAGE _____ _j -·--,.-----·-·-··---·-------i \ Millage Rates• *Calculations \ School t Other I Total . Use Code• I 1 ~ SINGLE FAMILY RESIDENTIAL ·---+-----· s.122 L6.3384 11.460~ l __ Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) I~ Date I Book-Page 01/29/03 _J_ 3207-1266 Amount 11 Land Value IL..-----$ 65,409i $ 70,4111 $135,8201 $ 71,000 I [ ( +) Improved Value ~ Market Value -------+ I ----- : ( - ) Save our Home ·+---1 $ 55,747j L $80.onl -=-_±---::~ ---! --·-I 1 s 2s,0001 -:--· $ 30,0731 I i (=) Assessed Value f.--------------· 1 ( - ) Homestead ~ ' (=) School Taxable Value .-----·---i ( -) Additional Homestead f --- : (=) Taxable Value If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/rnain _ search/RecordDetail.htrnl?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/819 16.D.5.b Packet Pg. 970 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) Page 1of1 \...0111er \...ounty t'roperty Appraiser Property Summary ,__ ____ P __ a_r_ce_l_No. r 4860~00028_4 _ __.__ Site Adr. j 1204~YITTERLEY ST, NAPLES, FL 34113 --1 I Name I Address FRANCOIS, PETUEL JEAN I GISELE JEAN FRANCOIS --- I 12048 SITTERLEY ST ! C-· i -I City I NAPLES ! ~-·- State FL Zip 34113-7920 __ _l ~----· ~------- I MapNo. i i 5B33 _, ------·--- Strap No. --- 393200 A 75B33 Section [ Township ! Range I Acres *Estimated ~ 33 _J1 50 I 26 I 0.09 I . ________ i__: __ _L ___________ _J l Legal J HABIT AT VILLAGE BLK A LOT _7 ____ _ L _____________ L ______________ _ I Millage Area-eI53 : Millage Rates • *Calculations l ------,-School Other I Total / : Sub./Condo i 393200 -HABITAT VILLAGE r---------+ . Use Code e i 1 -SINGLE FAMILY RESIDENTIAL ----~-5_._12_2_~_ 6.3384 r-11.4604] Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) r-Date 1-Book-Page Amount j I 07 /22/02 J_ 3076-2161 __ $ 71,000 J j ( +) Improved Value Land Value $ 65,4091 ------+---$70,4111 ------t-------$_135~820 I ! $55,7471 --1 ______________ 1 $ 80,on J , $ 25,ooOl --------r---------1 ! $ 55,0731 i $ 25,000: I $ 3o.~ii] ~ I {=) Market Value 1--·--------- / ( - ) Save our Home i (=) Assessed Value ( - ) Homestead r-------------· I (=) School Taxable Value i---. --- ! ( - ) Additional Homestead 1 (=) Taxable Value L__ If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main _search/RecordDetail.html?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/827 16.D.5.b Packet Pg. 971 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \..0111er \..ounty t'roperty Appraiser Property Summary Page 1of1 L -----;;;;el No. / 48600000307 Site Adr. [12052 SITTERLEV ST, NAPLES, FL 34113 -------------~ L ------------- Name I Address OROZCO, JUAN=& BEATRIZ 12052 SITTERLEV ST -------------·----· s_t_at_e~/_FL _____ r--~1 ___ Zipj~4113-?9_2_0 ___ -_--l~ City , NAPLES ·---· 1 1. 1 M 5 aBp 3 N 3 o. +=I Strap No. Section ~--Township +-Range_,__ Acres *Estimated 393200 A 85B33 33 \ 50 I 26 i 0.09 '-------·---·---'--·----------·---~-----~-_j_ ___ ~ L___ __ _ Legal j HABITAT VILLAGE BLK A LOT 8 ~----------------r----·-------------, Millage Are~~3 Millage Rates • *Calculations Sub./Con~ 393200 -HABITAT VILLAGE School Other Total ----+--------+----+-- Use Code• I 1 -SINGLE FAMIL V RESIDENTIAL 5.122 6.3384 11.4604 I Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date j Book-Page Amount l L __ La_n_d_V_a_l_u_e ___________ . 07/08/02 ! 3067-2168 __ $ 71,000 i ! (+) Improved Value $ 65,409i $ 70,411 .~-----------~ j (=) Market Value $135,820 --- l_(_-_l_S_a_v_e_o_u_r_H_o_m_e ___________ +:-----$_5_5_,7_4_,71 I (=) Assessed Value i $ 80,0731 r-------·----·---··---------r·----·- ~) Homestead 1 $ 25,000 l (~) School Taxable Value ----1--$ 55,073 J I ( -) Additional Homestead $ 25,000 i ! (=) Taxable Value --------:-----$ 30,0731 I ---1 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main _ search/RecordDetail.html ?sid=662971458&ccpaver=1707221124&S. .. 10/4/2017 2935/1112 16.D.5.b Packet Pg. 972 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \.0111er \.ounty t"roperty Appraiser Property Summary Page 1of1 r--· __,...---------- ! Parcel No. j 48600000323 Site Adr.112056 SITTERLEY ST, NAPLES, FL 34113 ~--------~ _ __.__ ___ _ ~Name/Ad~ressrD_E_L_G_A_D_O_,_P_A_B_LO ________________________________ ~ I LEBI ESPINOZA ~ I 12056 S!TTERLEY ST -------------· ------1 1---------C-ity--+r,-N-~A~P~L-E=S~~=~~=~~=~~~·~=.~--------~~~~~~---S-t-at_e_i _FL______ 2lp j 341::920 ~ 1-r-____ M_a~p_N_o_. -=l 5B33 I Strap No. j Section i Township Range Acres *Estimated :33---+i---5-0---+----26----t-0.09 I. ______ j !__ ________ _ 393200 A 95B33 .------- ' Legal I HABIT AT VILLAGE BLK A LOT 9 ------------------------- ! Millage Area • 153 Sub./Condo 1393200 -HABITAT VILLAGE --,- i Millage Rates• *Calculations I School I Other Total l-I Use Code e j 1 -SINGLE FAMILY RESIDENTIAL I I I 5.122 I 6.3384 11.4604 I I I -----' Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) ~ Date 1 j Book-Page Amount L_L_a_n_d_V_a_lu_e ____________ --;---· L 07/08/02 3067-1663 $ 71,000 i (+) Improved Value $ 65,409 $ 70,411 ------------- ' 1 (=) Market Value ~·-·-· ------------$135,8201 $ 55,747 $ 80,073 -------:-------$ 25.ooo I ' j ( - ) Save our Home : (=) Assessed Value ( - ) Homestead r---------- i (=) School Taxable Value ~ Additional Homestead ! (=) Taxable Value ---L------·-- $ 55,073 $ 25,oooi $ 30,0731 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main _ search/RecordDetail.html ?sid=662971458&ccpaver= 1707221124&S .. . 10/4/2017 2935/1120 16.D.5.b Packet Pg. 973 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \..0111er \..oun1y t"roper1y Appraiser Property Summary Page 1of1 Parcel No. J 48G00000349 Site Ad;l 12060 SITTERLEV ST, NAPLES, FL 34113 ________ _j - Name I Address RAMIREZ, MARIA ------------------·----] 12060 SITTERLEV ST - ~· City NAPLES I State I FL i Zip I 34113-7920 __J r--- 1 Map No. I Strap_N_o_. ----1--Section i_ Township ·-; --·----·--- ! Range 4i _ _:A.::c:.:re=s:_.=*E=s=ti=m=a=te=d=----l i 26 I o.o9 __J ______ ___.L __ L 5B33 393200 A 105B33 33 I 50 .l. ___________ __,_ L __ _ I L Legal I HABITAT VILLAGE BLK A LOT 10 Millage Area e \ 53 Sub./Condo i 393200 -HABITAT VILLAGE Use Code • I 1 -SINGLE FAMILY RESIDENTIAL Latest Sales History (Not all Sales are listed due to Confidentiality) ------------· J Millage Rates• *Calculations ! _sc_h_o_o_l_+-__ o_th_e_r _ _,._ __ T~ 5.122 6.3384 11.4604 I ' 2017 Preliminary Tax Roll (Subject to Change) r--I i 'r . 1 Date 1 Book-Page I Amount , 1 Land Value $ 65,409 ! 07/08/02 I 3067-1936 1 $ 71,000 I i (+) Improved Value $ 70,411/ r--------------!-------: 1 (=) Market Value $ 135,820 I I ---i ! ( - ) Save our Home $ 51,528 I ' (=) Assessed Value $ 84,2921 f- ! ( -) Homestead ~=:==> School Taxabl_e_V_a_lu_e ____ _ L ( -) Additional Homestead j (=) Taxable Value $ 25,oool . ~-~9,29~j $ 25,oool ! 1 i----$34.2921 -----------------~ If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/rnain_search/RecordDetail.htrnl?sid=662971458&ccpaver=l707221124&S ... 10/4/2017 2935/1128 16.D.5.b Packet Pg. 974 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \..0111er \..ounty t'roperty Appraiser Property Summary Page 1of1 ,___ ____ P_a_rc_el No. I 48600~003~J_ ---, Site Adr. j 12068 SITTERLEY ST, NAPLES, FL_34_1_1_3 _________ ____, ~--------------------------·----·-··-------------·---·--·------------~ -----~ Name I Address MEZIER, DELENE 12068 SITTERLEY ST !-------------·----·------------ ~-----------------------·---------· -~ f·----·----------·--------- j -------------+------i City I NAPLES I State / FL Zip / 34113-7920 Acres *Estimated-I 0.09 ··------ L_ Legal~BITAT VILLAGE BLK ALOTll _____________________ _ -··------~ i=-Millage Area9/s3-· i Sub./Condo J 393200 -HABITAT VILLAGE --·--;---·-------------- Millage Rates • *Calculations School Other Total r------------1 . \ Use Code e i 1 -SINGLE FAMILY RESIDENTIAL ----~ 5.122 6.3384 11.4604 I ~--J Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) ,___ __ D_a_te ___ _,l __ B_oo_k_-_P_ag~e-+--· Amount j I Land Value i $ 65,4~ 07/08/02 3067-1177 _L___ $ 71,000 i ,_I -(+_)_lm-p-ro_v_e_d_V_a_lu-e------------'-$ 70,411/ i (=) M·-a-rk_e_t_V_a-lu-e------------+----_-$_1_3_5~-.8-2_,0 f ---· ---------· -+-----I ! (-) Save our Home $ 55,747 i (=) Assessed Value $ 80,073 -! ------·---~ i. (-) Homestead $ 25,0~ ~=> School Taxable Va~------·-·---~-~~~~ ~ ( - ) Additional Homestead -------------·· $ 25,000 J I (=) Taxable Value _ $ 30,073 I If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/RecordDetail.html?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/1144 16.D.5.b Packet Pg. 975 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) ~0111er ~aunty t'roperty Appraiser Property Summary I . Parcel No. i 48600000404 Site Adr., 12072 SITTERLEY ST, NAPLES, FL 34113 Page 1of1 J !Name I Addres~ ~;~~~ RO~~;;:;-~RACELA --------------~-=-------~ =~~~ ~ l-----t=--------------1 ____ C_ity~l _NAPLES I State I FL J Zip! 34113-7920-==:J-- f-Map No. __ f __ Strap No. ___ _J__~ection Township Range 26 Acres *Estima~ i 5B33 I L----·-·--------~l...--- 393200 A 135B33 \ 3~ __ _1 __ 5~-0.09 I __J L I r ____ Legal [HABITAT VILLAGE BLK A L_OT 13 Millage Area • J53 I Sub./Condo I 393200 -HABITAT VILLAGE Use Codee ! 1 -SINGLE FAMILY RESIDENTIAL Latest Sales History (Not all Sales are listed due to Confidentiality) J Millag-;.ia~-;·~c~lc~~i~-;;;·1 School ; Other Total! -------·--+---5.122 ' 6.3384 11.4~1 2017 Preliminary Tax Roll (Subject to Change) il l Date Book-Page Amount f--Land Value 1---o-8_1_02_1_0_2_-t----3-0_8_3--2-1~1-1--!l-------$-1-1-.-00-0-; 1 r<+_> _________ . Improved Value ____ !_65_.4_09 ~ $ 70.4111 $135,8201 I (=) Market Value i- ; ( - ) Save our Home i (=) Assessed Value : --- i ( - ) Homestead i (=) School Taxable Value ! ! ( -) Additional Homestead -------+-- ---------·--,-~ ! (=) Taxable Value 1 --i $55,7471 $ 80,0731 $ 25,ooOl I $ 55,0731 i $ 25,000J $ 30,0731 ---_J If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main _search/RecordDetail.html?sid=662971458&ccpaver= 1707221l24&S... 10/4/2017 2935/1152 16.D.5.b Packet Pg. 976 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \...0111er \...ounty t'roperty Appraiser Property Summary Page 1of1 L ____ Pa_rcel No. I 48600000_4_6_2_~ ____ S_it_e_A_d_r.~/_1_2_08_4_SI_TT_ER __ L_E_V_S_T_, _N_A_P_L_ES_,_F_L_3_4_11_3=---· I ~- ! Name I Address GARCIA, ODILON=& MARIA A 12084 SITTERLEV ST r- City I NAPLES State I Fl I 1 I Zi;r3ll3-7_g_20 ___ ! L·--M-ap_N_o-:---j-.--· Strap No. + Section 1 Township Range I Acres *Estimated ---1 l------~~---: --~3200 A 16SB33 __J__ 33 _J ___ -~_-o---"_-_-_--1-1.---2-"6'---ll ____ 0.09 __j L leg~ HABIT AT VILLAGE BLK A LOT 16 I :--· ' ----------------·--·-----~---- Millage Area • S3 Millage Rates • *Calculations SubJCondo 393200 -HABITAT VILLAGE i School I ~ther I Total __ U_s_e Codee / 1 -SINGLE FAMIL V RES-ID_E_N_TIA __ -L ________ --'-i __ s_._12_2_--'-i __ 6.3384 j 11.4604 Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) -----~-----~--------~ r-··---------~--~----,------- '----D_a_te __ -l-_B_oo_k_-_P_ag=e _ _,_ ___ A_m_o_u_nt__ ~--La_n_d_V_al_u_e________ $ 6S,409 i 09/09/02 3105-3046 $ 71,000 i ( +) Improved Value $ 70,411 (=) Market Value $135,820 ---------------+---- • ( - ) Save our Home $ SS, 747 i (=) Assessed Value $ 80,073 ·-------------- i ( - ) Homestead $ 2S,OOO I i (=) School Taxable Value I $ 55,073 ----1 $ 2S,OOO ' l ( -) Additional Homestead !----------------- I (=) Taxable Value $ 30,073 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/RecordDetail.html?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/1176 16.D.5.b Packet Pg. 977 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) ! --- \..0111er \..ounty t'ropeny Appraiser Property Summary Parcel No. I 48600000488 ~ite Adr. J 12~-~~ITTERLEV ST, NAPLES, FL 34113 Page 1of1 ··------_J ,---Nam~-/ Address VALDEZ, ANA MARIA 12088 SITTERLEV ST L.--------------·---- -C-ity--1--N-APL-ES----------1-·--- State I FL -1-Zip/34113-7920 '~· --------------------~ __l___ ---·---------~ I Map No. J . Strap No. ----+ Section 1 _____ 5B_3_3 ____ ~1 __ 393200 A 175B33 __ _[ 33 [ Township I Range Acres *Estimated I 50 __ L __ 2_6 __ i -·-------0_.1_. ___ ~ l __ . _______ L_e_g_a_I j.__H_ABITAT VILLAGE BLK A LOT_n ______ ·---·----- ,-- 1 Millage Area • [53 Sub./Condo 393200 -HABITAT VILLAGE ----~---------- ----------·-----i Millage Rates • *Calculations I School Other Total !~--· Use Code e ~SINGLE FAMILY RESIDENTIAL 5.122 6.3384 11.4604 ,_[_ ____ ~ Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) ! I ! i Date 1 Book-Page I Amount Land Value i 02/28/08 4333-3812 1 $ 0 1 I ( +) Improved Value I I $ 75,5891 ' 1-09/09/02 3105-3065 $ 11,000 I t------------- _-=..::!....::.:.:.'.-:.=-__L---========-_J_---------· i (=) Market Value $ 70,411i L__ ·------------------+-- ! (-) Save our Home , $146,0001 $ 65,927\ $ 80,0731 c--------------·-·---·---:-- (=) Assessed Value 1 _, ----· ! (=) School Taxable Value t_:__:_ - i $ 25,oool -----·--+--------j ! $ 55,07 ' ( -) Homestead I ( -) Additional Homestead f---------------- ! (=) Taxable Value 1 $ 25,oool --+----·-----! $ 30,0731 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main _ search/RecordDetail.html?sid=662971458&ccpaver= 1707221124&S... 10/4/2017 2935/1184 16.D.5.b Packet Pg. 978 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \..0111er \..aunty t'roperty Appraiser Property Summary Page 1of1 ,-=--P~rcel No. , 48600000501 j_ Site Adr., 12092 SITTERLEY ST, NAPLES, FL 34113 ---------------------------------------------------------------------~ Name/ Address EXCELLENT, EMMANUEL=& RACHELLE 12092 SITTERLEY ST [ _________ ci_ty NAPLE-S ----~-=-~-=---=--=-~-~-L-=_-_-__ -_-_-_-_-S~ta~te~l~F~L ~~--~~~I ~-~----Z--i-·p--, 3-4-113~7920 I I MapNo. -r i Strap No. Section __ L_3_932_00 A 18-5-B3_3_=r 33 -r-- Township I Range Acres *Estimated _J I 5B33 L ____ _ ___L ___ 5_o __ 1 26 l _____ o_.1 I r ----------,--------· ·-1 L_ _____ _ Legal I HABITAT VILLJ~_GE BLK A LOT 18 --------- IMlla~-e Area• 153 i i Sub./Condo f 393200 -HABITAT VILLAGE ~-----+ ·- Millage Rates e *Calculation-s --1 --~-S_ch_o_o_l __ -i_ Other ___ -i--Total I i Use Codee 11 -SINGLE FAMILY RESIDENTIAL -----'-----5._12_2_ i ~.3384 I 11.4604 Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) 1 $ 76,07~ $ 73,0221 ,__ __ D_a_te ___ -+-_B_o_ok_-_P_a~ge __ -+-___ A_m_o_u_n_t d I Land Value L _ __Q9/0=-:9!__/0=2=--_L_---=3=1=0=6=-4=3=2'---J____ $ 71,000 J ~Improved Value I ---------- i: (=) Market Value f--- 1 ( - ) Save our Home [___ ------· ~-- I $149,098\ I $ 68,600! 1 (=) Assessed Value I $ 80,498 1 >-I ----------------------+ --' I ( - ) Homestead I $ 25,000 [ le=> School Taxable Value ! $ 55,4981 I ---------------· ·-+-----------i I ( -) Additional Homestead -+---$_2!,0~0 j I (=) Taxable Value I $ 30,498 ! If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/RecordDetail.html?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/386 16.D.5.b Packet Pg. 979 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \..0111er \..ounty t'roperty Appraiser Property Summary Page 1of1 L . ___ Parcel_N_o_. ~·4_8_6_0~-0-0_0_5_27~---_J-.---1 _~~~-S--i~_e_A_d_r.~11.2096 SITTERLEV ST, NAPLES, ~-~!4113 __J Name /-Addre~~ILFREDO BANOS ____ _j XIOMARAPORTA_L_G_A_LA_N_E_N_A ________________________ --J~. 12096 SITTERLEV ST ~ 1[ t-----------·-=-~-----~ L City I NAPLES T State / FL Zip I 34113-7920 __J r--· I I I L __ c I SB33 Strap No. -+------· 393200 A 195B33 . II I . 33 _ _l __ so ·~--- I Section L Township Map No. Legal/ HABITAT VILLAGE BLK A LOT 19 --- Sub./Condo 1393200 -HABITAT VILLAGE ---- Use Codee i 1 -SINGLE FAMILY RESIDENTIAL ' _L Range Acres *Estimated 26 0.09 J Millage Rates e *Calculations =l 5.122 6.3384 11.4604 Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date j Book-Page I Amount ~ 11----La_n_d_V_a_lu_e __ _ ~-11/21/08 4409-689 $ 140,000 I I ( +) Improved Value I os1011os 4383-1243 s 93,soo r -------- - i (=) Market Value 09/18/02 _i_ 3112-2548 $ 71,000 I [-- 1 (-) Save our Home I (=) Assessed Value ' i ( -) Homestead 1------------·----I ~=) School Taxable Value i ( -) Additional Homestead I (=) Taxable Value + l .... _J $ 68,2051 $ 79,238! $147,443\ $ 53,9931 $ 93,4501 $ 25,000 --;--------- i 1- ! $ 68,450_1 $ 25,000~ $ 43,4501 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/RecordDetail.html?sid=662971458&ccpaver=1707221124&S... 10/4/2017 2935/394 16.D.5.b Packet Pg. 980 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) L \..0111er \..ounty t'roperty Appraiser Property Summary 1 __ Pa_r_cel No. 148600000585 _-r-_,_I __ s_it_e AdJ_~2244 FULLER LN, NAPLES, FL 34113 Page 1of1 ___ ] --------------1 Name/ Address I STEPHENSON, TASHA N ____ ~ 1,112244 FULLER LN I . ---==1 ,____ ___ .}==---------.,.-----~-------=-·_j __ c_i_ty~I NAPL_E_s___ State I FL T Zip j 34113-79~1 _J Strap No. -+~.!_~t~.:;--TT~wnship J__ ___ 3_9_3200 A_22_5_B_3_3 __ _L__3Q--__ 5_0 F 5B33 26 _L A~;;-~ti,;..t;dj 0.11 --1 J Map No. Range L ____ L_e_g_a1_..j_H_A_BITAT VILLAGE BLK A LOT 22 ---ij -----·---·----- Millage Area• F3 _____ . Sub./Condo '1393200 -HABITAT VILLAGE Use Code • [ 1 -SINGLE FAMILY RESIDENTIAL ·-------------~---- ! Millage Rates • *Calculations I ----~I' -------t------!-------;· 1 School Other Total 5.122 6.3384 11.4604 Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) ·-1 ; i Land Value $ 80,0661 f-- I <+> Improved Value $ 70,4111 r I <=> Market Value $150,4~~ ! (-) Save our Home $ 70,4041 I 1-- ! Assessed Value ! (=) $ 80,073j I Date 1 1 Book-Page 1 Amount C-09109102 3105-3159 J--$ 11.000 Homestead I L <-> $ 25,0001 --- I <=> School Taxable Value $ 55,07j ~ I (-) Additional Homestead $ 25,0001 ~ --j i (=) Taxable Value $ 30,073j If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/RecordDetail.html?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/418 16.D.5.b Packet Pg. 981 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) Page I of I ~0111er ~ounty t'roperty Appraiser Property Summary J. ____ P_a_rc_~_I _N_o. J4.8600000608 Site Adr. ! 1224S-FULLER LN, NAPLES, FL 34113 Name I Address JOSEPH, DINNETTE DORLCEUS JOSEPH, LABRUYERE 12248 FULLER LN ·--·-------; ~------+-------- L City NAPLES ·-St-a-te_l _FL·----~~-,-=-·=--Z-ip-~-4-113~7-9-i~-=-~ i---------. L-----Map No. __J ' I I 5B33 l Strap No .• ____ L~ection i To_w_n_sh_i_;:_P _ _,_ __ Ra_n-=g_e__._! _ Acres *Estimated I 393200 A 235B33 _L ___ ~-=·-50 26 L ____ o.~~-------_J ! _____ , _____ ! L____ Legal jHABITA_TVIL~GE-BLKA LOT 23 ___ _J c-Millage Area • 153 ' Sub./ Condo l 393200 -HABIT AT VILLAGE ------·------, Millage 1 Rates e *Calculations -·~ ~----Us~ Codee \ 1 -SINGLE FAMILY RESIDENTIAL School I Other I Total ! 5.122 \ 6.3384 _! 11.460-!_J Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) j Date I-Book-Page l Amount I I Land Value ~9/07 /02 _j_ 3105-2388 L $ 71,000 I ! ( +) Improved Value $ 82,903\ $ 79,2381 ·--------- \ (=) Market Value L...-- l f ( - ) Save our Home I (=) Assessed Value ----- 1 I ( - ) Homestead $162,1411 ! $ 64,8571 $ 97,2841 ! I -+-~5.ooo\ -----------·------4-: --$72,2841 i $ 25~0001 ~ : (=) School Taxable Value I--I (-) Additional Homestead f---i (=) Taxable Value $ 47,2841 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main _ search/RecordDetail.html ?sid=662971458&ccpaver=1707221124&S... I 0/4/2017 2935/426 16.D.5.b Packet Pg. 982 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \..0111er \..ounty t'roperty Appraiser Property Summary Page I of I Parcel No. / 48600000Gl4--t Site Adr. I 12252 FULLER LN, NAPLES, FL 34113 ·------------------ Name I Address MONTERO, ESMERAVA -----·---------------------·-------i ~~----·------------ ·-------··-------~·---+!----L__~ ______ C_ity~INA_P_L_E_s __ _ I State I FL --z.;f34113-7911 J Map No. +-----sir~p No.~3:__~ction __,_j _T_o_w_n_s_h-=.ip_-J--_R_a_n..=:g:_e_.._ I 5B33 i 393200 A 245B33 33 i 50 26 0.11 L ______ . _____ _L ______ ---1.----·---'------'---------------- Acres *Estimated Lega~ HABITAT VILLAGE BLK A LOT 24 ~l~eA~•l53-----------------~--~M~il~~~g~e~~~t~~~•~*~C~a~lc~u~~~t~~~n~s--~/' Sub./Condo j 393200 -HABITAT VILLAGE School Other I Total >--------------- ~----Use Codee 11 -SINGLE FAMILY RESIDENTIAL 5.122 6.3384 11.4604 Latest Sales History (Not all Sales are listed due to Confidentiality) I (=) I I c-> 2017 Preliminary Tax Roll (Subject to Change) Land Value Improved Value Market Value Save our Home Assessed Value Homestead School Taxable Value ---------i-·-·-- $ 82,903 $ 70,411 ! $153,314 --T---- i $ 73,241 -~.i____ $ 80,073 ' I ·-------'-I $ 25,000 I I $ 55,0731 (-) Additional Hom-e-st-e-ad--··------+I ·----$ 25,000.1 '--------------------~---------1 ! (=) i ! (=) Taxable Value ! $ 30,073 i If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.corn/rnain _search/RecordDetail.htrnl ?sid=662971458&ccpaver=1707221124&S. .. 10/4/2017 2935/378 16.D.5.b Packet Pg. 983 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \..0111er \..ounty t'roperty Appraiser Property Summary [ --P~rcel No. I 48600000666 _L Site Adr: I 12251 FULLER LN, NAPLES, FL 34113 ~---------~------------------------------ Name I Address LAGO, JORGE L ---------- YOANFRA LORENZO CALA -----------------~ 12251 FULLER LN ----------------- ~- I I L __ City I NAPLES State I FL Page 1of1 l Zip j 34113-7910 Map No. [--.---·· _S_tr_a_p_N_o_·-------+t_S_e_c_ti_on r-Township Range Acres *Estimated 1-----5-B_3_3-----;-I 393200 A 265B33 33 --r 50 26 _______ L ------'------'-- I L Legal I HABITAT VILLAGE BLK A LOT 26 0.11 l----Milla;eA~e 153 -,...-----------------------, I , Millage Rates • *Calculations J Sub./Condo i 393200 -HABITAT VILLAGE School Other r-------i Use Codee f 1 -SINGLE FAMILY RESIDENTIAL 5.122 6.3384 Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount ii ~_0_7_/2_3_/_02_~ -=3=0=77=-=2=71=6=--_ _[___ _____ $:'.:.....:...:71~,~00:...:0:._i ' ( +) Land Value Improved Value 1, (=) Market Value : ( - ) Save our Home ~-- 1 (=) Assessed Value f----- ! ( -) Homestead i t <=> School Taxable Value i---l ( -) Additional Homestead I (=) Taxable Value : ! ---t- ' ' ----·---!--! i Total 11.4604 $ 82,9031 ' $114,9991 $197,9021 $ 77,087 $120,815 $ 25,oooi ' $ 95,8151 -----f $ 25,000f $ 70,81~ If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/rnain _ search/RecordDetail.htrnl?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/362 16.D.5.b Packet Pg. 984 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \..0111er \..OUnty t"roperty Appraiser Property Summary Page 1of1 L , _____ P_a_r_ce_l_~;}-48_6_0_000-0-705 -J Site Adr. l 12243 FULLER LN, NAPLES, FL 34113 ___ ___J______ . ------------ Name I Address KARABA, ANTON -------------- EVA KARABOVA -----------------·---------------------! 12243 FULLER LN I ~-----------.. --------·-~----F--------r-- j City NAPLES State FL L__----------~---------------"---------'------'---Zip i 34113-7910 r--- 1 Map No. J -Strap No. + 5B_3_3 -.. -~J_---·39~200 A285B3_3 __ ,_L Section -~--Township 33 i 50 l_. ___ _ I Range I -i- l 26 _L__ Acres *Estimated _J 0.09 J [ _____ L_e_9 a_i~l_H_A_BITAT VILLAGE BLuLOT28--~ ~----------..------------.. ----·------- Millage Area • j 53 ;___ Sub./Cond~ 393200 -HABIT AT VILLAGE ' Use Codee j 1 -SINGLE FAMILY RESIDENTIAL ·---------------~----------~----- Millage Rates • *Calculations I I School Other I Total I r--l 5.122 6.3384 l 11.4604 I I J Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) ~-Date I Book-Page Amount l ~d_V_a_l_u_e ____________ .....___ $65,409' ! 10/11/02 __L 3129-425 J_ $ 71,000 i !~roved Value $ 70,411 ~---------·-------1 1 (=) Market Value $ 135,820 I ----- ! (-) Save our Home $ 55, 74~ i(:) .. Assessed Value _ $ 80,0731 r ---I [ ( - ) Homestead $ 25,0001 I (=) School Taxable Value $ 55,073 j I<=>_ Additional Homestead --------+------_-$-~~5_,-o=oo_1 ! (=) Taxable Value $ 30,0731 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main _ search/RecordDetail.html?sid=662971458&ccpaver= 1707221124&S... 10/4/2017 2935/659 16.D.5.b Packet Pg. 985 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \..0111er \..ounty t'roperty Appraiser Property Summary .___ ____ Parcel No. ~~600000747 __ 1 -Site Adr.112235 FULLER LN, NAPLES, FL 3_4113 Page 1of1 --------------,----------------------------·------------------------. Name I Address LORA, FRUMENCIO T MENDIETA, VERONICA Lil_ ----!------~-~----------------~ ~---------City NAPLES State I FL -===~---Zi_p I 34113-79_10 _____ _J 12235 FULLER LN ! Map No. Strap No. 393200 A 305B33 Section Township I Range 26 Acres *Estimate~-~ 5B33 \ __________ ____._ 33 50 0.09 ____J Legal I HABIT AT VILLAGE BLK !4_L_O_T_3_0 _________ _ Millage Area • 53 I Sub./Condo 1393200 -HABITAT VILLAGE ----r I L ____ _ Use Code ~SINGLE FAMILY RESIDENTIAL 5.122 6.3384 11.4604 Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date J Book-Page Amount L~--La-n_d_V-al_u_e ____________ -,-____ $_6-5,409 I 12/20/02 I 3180-175 $ 71,000 : (_+_)_I_m_p_r_o-ve_d_V_a_l-ue __________ ___._ $ 72,6771 I (=) Market Value $ 138,086 I I ( - ) Save our Home I (=) Assessed Value f---·----- i ( - ) Homestead j___ ________________ -+- 1 I (=) School Taxable Value I----- [ ( - ) Additional Homestead i I ------------+ : (=) Taxable Value ! $ 56,8121 $ 81,2741 $ 25,oooi $ 56,2741 $ 25,0001 $ 31,2741 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/rnain _ search/RecordDetail.htrnl ?sid=66297 l 458&ccpaver= l 707221 l 24&S... 10/4/201 7 2935/667 16.D.5.b Packet Pg. 986 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \..0111er \..ounty t'roperty Appraiser Property Summary Page 1of1 [ --Pa~el No. l_4s6ooooo763 Site Adr.Jl2231 FULLER LN, NAPLES, FL 34113 ______ J ~---------~-------··--------------------------------------------·--1 Name I Address CHERY, GARY JEAN 12231 FULLER LN -----~ -----------------------------------------·--i -J r---------------+---------------T-----------,.----------i--------------,.1------------~ '----------City NAPLES _L State / FL i Zip 134113-7910 J I~ Map No. ' 5B33 L----------'-- Strap No. Acres *Estimated -r 393200 A 315B33 ' -0.09 _______ 1 Legal I HABITAT YILLAGE BLK A LOT 31 -----------, ! ' [ __ _ c-Millage Area ili---_-_-_-_-_______ _ ,--------------1 Millage Rates 8 *Calculations Sub./Condo I 393200 -HABITAT VILLAGE School Other Total ' ' ~ Use Code 8 11 -SINGLE FAMILY RESIDENTIAL 5.122 ~----_L 6.3384 ! ----1 11.4604 _J Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date I Book-Page +---Amount ~ [ __ L_a_nd_V_a_lu_e ____________ ~ $ 65.409 I 11/03/03 3435-2453 I $ 78,000 I r ( +) Improved Value $ 70,411 j ! (=) Market Value $ 135,820 J ---------------t--- (-) Save our Home (=) Assessed Value ' I <-> t Homestead i (=) School Taxable Value r-Additional Homestead i (-) r Taxable Value I<=> _J $ 51,528/ ! $ 84,292: __j_ ________ ; ! I $ 25,0001. --------+----- ! $ 59,292[ . ------1--1 --t------$_2_5,000: $ 34,2921 ~--J If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/rnain _ search/RecordDetail.htrnl?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/675 16.D.5.b Packet Pg. 987 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \.0111er \.ounty t"roperty Appraiser Property Summary Page 1of1 '-------Pa_r_c_el_~o. j 486_o_o_o_o_o7_8_9 __ ~ __ s_i_te_A_d_r_ . ..._J 1_2_2_21 FULLER L_N_, _N_A_P_LE_s_, FL _34_1_13 ___________ _ -..----"---- Name I Address RIVES, JUUO ANDRES ----------------- N AI KA GARCIA 12227 FULLER LN ~-City/ r-N_A_P_L __ E_S ______________ St-a-te-I F-L--------Z-ip-j 3_4_1_1~:::==3 I [---M-a-pNo.--_ T---Strap No. =f=s_e_ct-io-n_-1 Township Range Acres *Estimated [ _____ ~~3 _______ l _____ 393200 A 32SB33 _J 33 _ _ __ so __ ~_ 26 ~-·0_9 ____ _ c ______ L_e_g_al_._I HABITAT VILLAGE BLK A LOT 32 ------~ L ~--l __ Mill~ge Area• 153 _________________________ 1 --M-illi;"~1 Rates• *Cal~ulation~-=l Sub./Condo / 393200 -HABITAT VILLAGE School I Other 1 Total Use Code• i 1 -SINGLE FAM __ I_L_Y_R_E_SI_D_E_N_TIA_L __________ ~ __ 5_.1_2_2_~1 6.3384 11.4604 Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due_to Confidentiality) (Subject to Change) --,--- Date Book-Page Amount I I Land Value ' $ 65,409 01/29/03 3207-939 $ 71,000 I [ (+)_Improved va_l_u_e ________________ $_7_5_,1_7--17 ' j (=) Market Value $ 140,586 I (-) Save our Home --~---· $ 55,6371 l:=> _ Assessed Value _L __ -_$ 84,9491 I ( -) Homestead J $ 25,000 I r<"=> -s~~l_T_a_x-ab_l_e_V-alue -~---$ 59,9491 µ=i---Additional Homestead_________ _$ 25,000j I (=) Taxable Value______ $ 34,949 i If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/RecordDetail.html?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/683 16.D.5.b Packet Pg. 988 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) Page 1of1 \..0111er \..ounty t'roperty Appraiser Property Summary Parcel No. j 486000014._4_5_~ Site Ad!I12043 SITTERLEY ST, NAPLES, FL 341~3 ·-----------' ------·---~--------.. ----------... Name I Address MORALES, JAMES G=& JUANA 12043 SITTERLEY ST ·-------~ .______________________________ ' F -~~ City I NAPLES ____ ...L _____ -_-____ -_st_a_te_,_I F_L ___ _._ ___ z_iP _ _._1 3_4_1_13-7925 _ _J I I Map No. ---r Lf---. ---5Bo......3_3 ___ t Strap No. 393200 B 35B33 ~-------Le_g_a_I ~' H_A_B_ITAT VILLAGE BLK BLOT 3 Section 33 Township 50 Range r 26 Acres *Estimated -~ o.o9 I _______ _J ---~ ----------------·-----·-----·-----------------------··-·-·---! Millage Area • 53 1 Millage Rates • *Calculations __J ,__ ____ Su_b_./Condo 393200 -HABITAT VILLAGE ·----------1 School j Other ; Tot; j [__ Use Code• 1 -SINGLE FAM~ Y ~ESIDENTIAL 1 5.122 / 6.3384 _ _J__ 11.4~04 J Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) I Date I Book-Page Amount 11 J1--__ La_n_d_v __ al_u_e _________ _ L 07/08/02 1 3067-1735 $ 71,000 ~ i (+) Improved Value '$65,4091 $ 10.4lli -----$ 135,820 I >------------------- ! (=) Market Value I ( -) Save our Home L ' [~=) ~~sessed Value I I ( -) Homestead L- ' ~=) School Taxable Value J ( -) Additional Homestead '----------·---! ! (=) Taxable Value $ 55,7471 __ _._ ___ $80,0731 $ 25,oool ·-----i--------' $ 55,073f ·--- $ 25,oooj I $ 30,073! ' If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/RecordDetail.html?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/635 16.D.5.b Packet Pg. 989 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) Page 1of1 \...0111er \...OUnty t'roperty Appraiser Property Summary Parcel No. , 48600001461 [ Site Adr. j 12047 SITT~RLEV ST, NAPLES, FL 34113 ________ _J ~a~ I Address ::::::=-------------~~--~~~~~-~~=========------------~ I -----------------------·--··-·----~ f-City NAPLES / State j FL J I Zip I 34113-7925 Map No. ·---i--------S-t-ra_p_N_o_------S-e-c 3 -t 3 io_n ____ :!/ T~5~0sh-ip 1 '· _ Ra 2 n 6 ge -+--A-=-c::.::.r.:..:.es=-=*E=s=ti=m=a=te=d=---1 5B33 ____ --39~~ B 45B33 _ 0.09 _____ \ Legal I HABITAT VILLAGE BLK BLOT 4 ___ -_ _j ~-Mi~~i}ll J Sub./Condo ! 393200 -HABITAT VILLAGE L Use Code• I 1 -SINGLE FAMILY RESIDENTIAL Millage Rates • *Calculations -------------, I I School I Other I 6.3384 Total 5.122 11.4604 _J Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) I Date I Book-Page Amount i I Land Value $ 65,409 ! L~Y08/02=t -=3=06=7=· -=1=95=2=--_L _____ $~7~1,'..::0.::0=-01 i c + > Improved Value $ 70,411 j ~-----------·-------!--------, :, (=) Market Value $ 135,820 l ---------+---------1 i (-) Save our Home $ 55,747\ ~------------ 1 1 (=) Assessed Value I ! ( - ) Homestead 1 (=) School Taxable Value I $ 80,0731 $ 25,000i l $ 55,073! ~ ______ 1 [i-) Additional Homestead ·---+-·--$_2_5,_000 l I (=) Taxable Value I $ 30,073 i ~-------------------'------- t--- 1 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/RecordDetail.html?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/643 16.D.5.b Packet Pg. 990 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \..0111er \..ounty t"roperty Appraiser Property Summary Page 1of1 j ~ _____ P_arcel No. _l48600001526 ~---Si_te_A_dili2162 AMERICUS LN, NAPLES, FL 34113 I ____ __J I Name I Address GONZALEZ, JOSE LUIS GONZALEZ, MARIA GUADALUPE >-----------------------------------------~ 12162 AMERICUS LN ~------C-ity--+-N--A-PL_E_S--------___,.------=--St-a-te Jf-L --------Z-ip_j_3_4_11_3--7-9_1 __ 3 ___ =1 5B33 I Strap No. 393200 B 75B33 F MapNo. I L__,_, ________ __L _________ _ I _J ._.---_________ Le_g_a_I -'--\ HA~ITAT VILLAGE BLK B LOT 7 ---·--------~ Millage Area • 1 s3 Sub./Condo j 393200 -HABIT AT VILLAGE ' Section 33 -I Township Range I Acres *Estimated so 26 I 0.13 -----~ Millage Rates• *Calculations School Other Total f- l I -----1 Use Code• [ 1 -SINGLE FAMILY RESIDENTIAL . 11.4604 -------~----~----~· 5.122 6.3384 Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date I Book-Page Amount l ~ Land Value $ 93,808 J L 12/20/02 3180-253 --=--$ 71,000] l (+) _l_m_p_r_o-ve_d_V-al_u_e------------_.-r-_-_____ $_7_0_.4_1__,1 I (=) Market Value ____ . ____ $_1_6_4_,2_1__,9 I ( -) Save our Home $ 84,146 ~-----J I (=) Assessed Value $ 80,07j !c=.) Homestead $ 25,000 I ~ (=) School Taxable Value ______ ..___ __ $ 55,0~ L<-> Additional Homestead ____ L __ $_2_s_._oo_o_, I C=> Taxable Value $ 30,073 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main _search/RecordDetail.html?sid=662971458&ccpaver= 1707221124&8... 10/4/2017 2935/1200 16.D.5.b Packet Pg. 991 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) \..0111er \..ounty t'roperty Appraiser Property Summary Parcel No. / 48600001966 Site Adr.112075 SITTERLEY ST, NAPLES, FL 34113 '-------------'-------'--- Page 1of1 Name/ Address !AVILA, SALVADOR l t;~· ;~uv_LE-:-s-~_O_F_IA _________________ ---~-----_-:_-_ -_ -_---_-_-_-------~ l \ I L _______ ~ity NAP_L_E_s _________ ~--State I FL Zip j 34113-7918 I r------l_ MapNo. Acres *Estimated l h I I Strap No. Section Towns ip _J_ Range 1 ______ _,__ ___ --+-----· ! ! SB33 \ ____________ _ 393200 c 135B33 33 so ' 26 i . I 0.09 _______ \ ________ Le_g_a_1_._I H_A_B_IT_A_T VILLAGE BLK C LO~ 13 Millage Area • 53 Millage Rates• *Calculations j Sub./Condo 393200 -HABITAT VILLAGE School Other Total 5.122 6.3384 11.4604 _J ,_ _______ U_se_C_od;ill -SINGLE FAMILY RESIDENTIAL -------------'-------'---- Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount I 1 Land Value ------+-----~---1----------;l ~I -------------------'---- 09/09/02 3106-61 $ 71,000 J (+) Improved Value $ 65,825: $ 70,41li $136,236\ · (=) Market Value r ( - ) Save our Home j (=) Assessed Value · ( -) Homestead \-· i (=) School Taxable Value ( -) Additional Homestead i (=) Taxable Value $ 56,163 [ $ 80,073l $ 25,000[ -$ 55,073 $ 25,ooo: $ 30,073f _J If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/RecordDetail.html?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/1208 16.D.5.b Packet Pg. 992 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) Page 1of1 \..0111er \..ounty t'roperty Appraiser Property Summary ~----P_a_rc_e_I __ N_o_. ~' 4_8600001982--1 Site Adr. j 12079 SITTERLEV ST, NAPLES, FL 3411_3 __ _J 1 -----------------------------·-----·--·------------l I Name I Address TREJO, MATEO=& EMMA 12079 SITTERLEV ST ·--------·~-------------------------------------1 L--------~~-----·-------~-----------~----------------;' ~----· ________ c __ ity__,__N_A_P_L_E_s __________ J_ _____ s_ta_t_e_,_l _FL _____ _,_ ___ Z_i_p_._j _34_1_1_3_-7_9_1_8 _______ _j ! 1-I _· __ M_a-'p_N_o. ~ Strap No. Section I--Township -1,_R...:.a_n_,,.g~e-+._--..:A...:.c.:.:.r...:..es=-=*=Es~t=im=a=t=e=-d s~33 ____________ L. 3932_o_o_c_1_4_sB_3_3 ___ -'-__ 3_3 so ____ 1 -·· 26 o.o9 L __ Legal I HABITAT VILLAGE BLK CLOT 14 ·-------1 _ ____ _J i L Millage Area e j s3 Millage Rates e *Calculations --------------i ~--· Sub./Condo 393200 -HABITAT VILLAGE School Other Total Use Codee 1 -SINGLE FAMILY RESIDENTIAL 5.122 6.3384 11.4604 Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) ~ __ D_a_t_e __ ~_B_o_o_k_-P_a~g_e_~ ___ A_m_o_u_n_t __ ~l L Land Value 09/07/02 3105-2788 I $ 71,000 I I (+) Improved Value $ 67,251[ ' $ 70,4111 ; (=) Market Value i (-) Save our Home ----------------· l (=) Assessed Value (-) Homestead ' (=) School Taxable Value (-) Additional Homestead (=) Taxable Value i $137,662! i $ 57,589! $ 80,073 1 $ 25,000 $ 55,073 $ 25,000 $ 30,073 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main _search/RecordDetail.html?sid=662971458&ccpaver=l 707221124&S... 10/4/2017 2935/1216 16.D.5.b Packet Pg. 993 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) L \..0111er \..ounty t'roperty Appraiser Property Summary Parcel~8600002020 Site Adr. / 12095 SITTERLEY ST, NAPLES, FL 34113 Name I Address GARCON, OREL Page 1of1 l . __J r-------------------------------------·-------< ELMANISE EXA VIER 12095 SITTERLEY ST l--------i_-----~-~ l_ __________ c_ity_ NAPLE_s ________ L _____ s_ta_t_e_,_/ ~-_J Zip 134113-7918 E------·r Map No. ss33 I . Strap No. i--Section 393200 c 165833 ___ 1 -~-- Range 1. Acres *Estimated l Township so 26 0.1 Legal j HABITAT VILLAGE BLK CLOT 16 Mm;~;-~-e I s3-Millage Rates• *Calcula~i;n_s ___ I ;-----------i------------------------i-----=:::::::=::::;::::::=::::::==--=~======--___; L Sub./Condo 393200 -HABITAT VILLAGE School Other Total ____ J__·----+-------f------~ Use Codee i 1 -SINGLE FAMILY RESIDENTIAL I ------~-s.122 -~-6.3~84 _I 11.4604 Latest Sales History 2017 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date I Book-Page I Amount ~ :1 ====La=n=d==V=al=u=e===============-~---:_..,::_-_-~_--:_$_7_0_,-5041 10/11/02 _J_ 3129-239 1 $ 71,000 I I ( +) Improved Value $ 70,4111 !---------------------"--· ------+---~-1_40,915! I \ (=) Market Value ( - ) Save our Home i (=) Assessed Value . $ 60,8421 $ 80,0731 r , 1 ( - ) Homestead $ 25,000 I I (=) School Taxable Value i $ 55,073 ! ! ____________________ _J__ __ I ( -) Additional Homestead I $ 25,000 i ·--------·----·-·------;--- $ 30,0731 r-- i (=) Taxable Value If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main _search/RecordDetail.html?sid=662971458&ccpaver= 1707221124&S... 10/4/2017 2935/1232 16.D.5.b Packet Pg. 994 Attachment: Homestead Verification Habitat Village (3986 : SHIP IF Release of Lien Habitat Village-29 units) Prepired by: P.trick Q white Au'b Colller Cuunly Atl'y. 3301 Tangami Trail East Naph46 F1, 34112 2894520 OR: 2935 PG: 0787 RICOUID in OFFICIAL RECORDS of COLLIER COUNTY, IL 12/03/001 at 01:52PK DWIGHT I. BROCK, CLIRI Ric III 71.50 Reta: HOUSING i URBAN IKPROVININT INTER OFFICE TO HUI rhlc %pace for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE? HOUSING UWEI.I.ING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver of.,lire acct Fe"- is entered into this Yday of 2001, by and between Collier CottnY .... caT s `bd`[-VN,,4,uA v' f the State of Florida through its Board of County Commissio ic.rs 'hereinafter referred tei �tsOUNTY," and Habitat for Humanity of Collier County, int , licrelnaf`�er rete ed to, is "ONE ," collectivel stated as the � ,m y .,Parties."12 �t w h e WHEREAS, Collier C *fy Ordinance No. 'f =121 C'`k c c ullier County Consolidated Impact Fee Ordinance, as it may �J*ggber amended frou'l i�gqtustinle, hereinafter collectively referred to as "Impact Fee. Ordinatrcc,'� s�prov��ci� ��r waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - OR; 2935 PG; 0788 WHEREAS, the impact fee waiver shall he presented in lieu of payment of the requisite impact fees Subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver. and WHEREAS, pursuant to Section 74-201, E.I.h. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements: and WHEREAS, by signing this Agreement, the ('aunty Manager will approve a waiver of impact fees for OWNER in suplx)rt of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing Recitals, and other go)d and valuable consideration, the receipt/W."' eceipta d I! is hereby mutually acknowledged, the Parties covenant and agreeit ,'Ji<�ws:Ne 1. RECITALS INCORPORATM Theta 'a ing Rc ita + are true and correct and are incorporated by referetiye-t reit i\ N ° ,� ! Y A E Ek e 1N, # 3 2. LEGAL DESC411�1I'01I�,.. 't el' es riptiu�n of t401elling unit and its site plan (the "Dwelling ll�rf#V'k is attached as Exh it "A ata /is incorporated by reference herein. 3. TERM. The term of r than a period of fifteen (15) years commencing from the datem the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. 'rhe: OWNER represents and warrants the following: a. OWNER'S household earnings will not exceed a very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - OR: 2935 PG: 0789 payments to purchase and pay for 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 subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,699.80, as set firth in the attached Exhibit "B," incorporated by reference; and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNERl"-furthe-r.,,,,(.uvenunts and agrees to comply with the affordable, hour �tpact � (v:(��i C ualiticutiun criteria detailed in the Impact Fc A) "mance. 5. SUBSEQUENT TRANSl�E1 ;-'�EPA�YME'T. 11`0WNER sells the Dwelling Unit which is subiect tofhe{ i Unit shall be set forth in the Irn�.t,Fee Ordinance. lid Dwelling Unit, the r g4 I -,OWNER shall until said impact fees are pard t st all pf fit' %�,�fb :quint purchaser, the Dwelling H eti "the waiver qualifying criteria a;�ale or transfer by gift of the t4l 14able for the impact fees waived conditions set firth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during Such period. the full amount of the waived impact fees shall be immediately 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 he a lien on the Dwelling Unit in the amount of Seven Thousand Six Hundred Ninety- - 3 - OR: 2935 PG: 0790 Eight Dollars and Eighty Two Cents (`x7,698.82), as set firth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, (tic COUNTY and OWNER agree that by, and in consideration of a suitable Security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, arid 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 he superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall he on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon aws tisfactory completion of this Agreement's 0, requirements after titte I r � t ti � c of issuance of the certificate of occupancy, or upon -prr juyment of the waivciAriipst fees, the COUNTY shall, at the expense of the Co",ut4q'Y ,,r,�corct any nr cessar ,,dcx mcntation evidencing such payment or re 9. BINDING EF Parties to this 10. RECORDING. COUNTY in the Offici ru t and their heirs, s shall he rec and be binding upon the gns. COUNTY at the expense of nty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact tees clue within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 - OR: 2935 PG: 0191 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: it. Should the OWNER of the property: (1) tail to comply with the said qualification criteria at any time: during the fifteen ( 15) year term; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be paid in full by OWNER to the COUNTY within thirty (30) clays of written notification of said violation. b. Should the; OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) Mays after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the lieqdamay-bic foreclosed, or otherwise enforced by the COUN I'X„2 %iy aidit�tit�ra�% forecOs6,°o1` a mortgage on ent)'tic.d 'to �tcc�r .thf tcc.��. inert - atfthe-'Matut��r rai 'o IN WITNESS WH tE&,,- fhc Parties have e Impact Fees on the date and year first Witnesses: —Prin�Na a // --1�_ A' lil�ta 1WiN n law or equity including the arty. The COUNTY shall he costs, including attorney fees, plus OWNER: pits calculated on a calendar day E [°this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. By: -- Samuel J. fSurso, M.D., President - 5 - 0 OR: 2935 PG; 0792 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this _'� day of` , 001 by Samuel J. Durso, M.D., President o Habitat fir Humanity of Collier County, Inc. He is personally known to me. 17 [NO�'►R. SE.J Sigr OA Y_ JEi1N ::,Ltf CO ION 9 C( EXPIRES AV �OFFL ADVANIAGE tin ; STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. OI I i ff, Person Taking Acknowledgment of Acknowledger Typed, Printed or Stamped COLLIER COUNTY, FLORIDA By: tv 14",THOMAS W. OLLIFF, O MANAGER [NOTARIAL SEAL] Si Name of Approval Recommended reg Mih• t , irector Housing U an Improvement ( r ing - 6 - _ day of)r!?r1' i X f� 2 , 2001 is personally known to me. or Stamped Approved as to firm and eg suffl y: Patrick G. White Assistant County Attorney MARY E. BECK RVIRM."n, am OR: 2935 PG: 0793 EXHIBIT "A" LEGAL DESCRIP'T'ION LOT 2, BLOCK A, HABITATVILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A. y EXHIBIT "B" I Type or Impact Fee " Library Impact Fee Road Impact Fee 3 Parks Impact Fcc kKDOWN Amount Owed $ 214,00 ,t 1.825.00 k 820.8A D. EMS Impact Fee y 143.(X) E. Educational Fucilitie:° m 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 WAIVED $7,698,82 - 7 - 5 CA) a C40 0 Ip F+ O io C33 C30 OL w I 35.34'S8"1f 2.001 CA 35''34'58 72.00'ro 81 15' D.E. pr 02 � to C) 9�y F`- X69.49' O voop P. V34' 58 "t 70.00' P� 35'34' 58 70.00' 0 PSI V34'S8 70.00' I 1; 35'34'58 70.00' C� C11s 1�35'34'S8 1Pmpuvd by: Pstrkk G. wbite AWL Collier Umnly Alt'y. 3351 Tamiami Trail F:asl Naples, FL 34112 2894521 OR; 2935 PG; 0795 RICORDID in 01PICIAL RICORDS of COLLIII COUNTY, 1L 12/03/2001 at 01:52PN DNIGHT I. BROCI, CLIII RIC 111 31.50 Retn: HOUSING i URBAN INPROVININT IVIR OFFICE TO HUI fhis space for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waive r oentered into this 9 day of 2001, by and between Collier Cc)t t°political Board of County Commissitiner,,�; ihereirrattcr referred to Humanity of Collier County,?lnci �,jna11 r rets' cd � u "Parties." u,. RECITAL ., the State of Florida through its UNTY," and Habitat for ER," collectively stated as the WHEREAS, Collier (6�6,,Ordinance No, 2fhe,Collier County Consolidated Impact Fee Ordinance, as it may yrtheF. jmendetl fIi7lifit to time, hereinafter collectively referred to as Impact Fee Ordinance; --*or i t*, for waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance, and - 1 - OR: 2935 PG: 0796 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, pursuant to Section 74-201, E.I.h. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements: and WHEREAS, by signing this Agreement, the County Manager will approve it waiver of impact fees for OWNER in support oi' creating Affordable Housing: and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in con siderat.io f�the foregoing Recitals, and other good and valuable consideration, the receipt,,,' l�c�� -d outl to Js hereby mutually acknowledged, the Parties covenant and agree ,ds f K)ws: 1. RECITALS INC JRP6RA'1ti , The•, forego ng Re6talti,,are true and correct and are incorporated by refer 'ncp hercir . � � �° i 2. LEGAL DESCRII?"ilNn'iheltga dptioirth�l�e'elling unit and its site plan (the "Dwelling Ur%i "),, is attached as Eis incorporated by reference herein. N"� 3. TERM. The term of this A$r r t`'r + r ► t►� "° lunger than a period of fifteen (I S ) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 Ordinance, and the OWNER'S monthly - 2 - OR: 2935 PG: 0797 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,698.82), as set forth in the attached Exhibit "B," incorporated by reference, and e. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER ,I'unher.-covenants and agrees to comply with the �, ; x affordable h�aetii �iirat t tct�tr �1i ►lification criteria detailed in the Impact Fec3trtlIII, .►lice. 5. SUBSEQt1EN7 T'RANSFI k; `REPAYME Nil'. ItWN`F-R sells the Dwelling Unit which is subject�to t c jillp4ct t WLIi silscqu nt purchaser, the Dwelling e x Unit shall be s0ldk6j0 t'�,! rso -o h(5 ldsits tie waiver qualifying criteria t set forth in the Im�ee Ordinance. l�tcasc� F�tle or transfer by gift of the Dwelling Unit, the o ►a�WNER shall I,idble for the impact fees waived until said impact fees are conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to he utilized for that purpose during such 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 Seven Thousand Six Hundred Ninety- - 3 - OR: 2935 PG: 0798 Eight Dollars and Eighty Two Cents ($7,698.82), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of it suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or ether person, except that this lien shall he on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon -satiisfactory completion of this Agreement's R requirements after trttcr�I) artath�t� of issuanrc of the certificate of occupancy, or upona,pri`or•#payment of the waive11 np t t fees, the COUNTY shall, at the expense of the COU payment or releas'e otflie i 9. BINDING EFf E�tirphi Parties to this Agr&,�* t 10. RECORDING. This COUNTY in the Official r ;cora'any and their heirs, s nt shall be mentation evidencing such run,*4 thej d and he binding upon the rgns. COUNTY at the expense of unty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said nun -compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for it period of fifteen (15) days after mailing of written notice of the violation. - 4 - OR; 2935 PG; 0799 12. REMEDIES. The following remedies are cumulative with any ether right or remedy available to (tie COUNTY: Lt. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any provision-, of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of' said violation. h. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the lieri-muty�he foreclosed, or otherwise enforced by tile: COUNTY" Y" ��d� �c�n ciryt��ta�t�in law or equity including the ON foreclos n' it mortgage on rc,r kpru rty. The COUNTY shall be cntic'to h«r ,rJl tees .end cu; s including attorney fees, plus 9 .. r rru ere t al til a�t.riirC �r r at fere nc is yalculated on a calendar day IN WITNESS WHIE':R)„tic Parties have excutd this Agreement for Waiver of Impact Fees on the date and year first ae tt� n Witnesses: OWNER: 7Lt, HABITAT FOR HUMANITY OF Print NaWie K. 'ot e COLLIER COUNTY, INC. YintjEamee-- t~ 01'v-1 By:�'�.� SAmItICl..1. Durso, M.D., President - 5 - OR; 2935 PG; 0800 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this -i—day of ,1001 by Samuel J. Durso, M.U., President bitat for Humanity of Collier County, Inc. He is personally known to me. STATE OF Florida COUNTY OF Collier The foregoing Agr by Thomas W. Oil i ff, Cou [NOTARIAL SEAL] Sign Name of Approval Recommended Greg Mic, Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA By:-ihC "" NOMAS W. OLLIFF, NAGER Taking - 6 - i'i day of,!')/ <<' )XAe 1_. 1001 '. He is nersonally known to me. MARY E. BECK toywlyr'�'lcnt anzt�ow or Stamped Approved as to form and e 'u"i ' ncy: r4 A 3w Patrick G. White Assistant County Attorney OR; 2935 PG; 0801 EXHIBIT "A" LEGAL DESCRIP'170N LOT 3, BLOCK A, HABITAT VILLAGE, ACCORDING TO THE PIAT THEREOF AS RECORDED IN PIAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" IMPAf."T,"j AKDOWN Type of Impact Fee Owed A. Library Impact Fee 1=1.00 B. Road Impact Fee i,3 {,825,00 C. Parks Impact Fee Y x Ek ' p � � � � ��1 1820.84 D. EMS Impact Fee,`,, 93,00 E. Educational Facilities "'efq�lmpact 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 WAIVED - 7 - $7,698.82 w 0 go C30 m C33 435*34'58"W " 2.00' � 0 ime 35''34'58 72.00' R �I. r15# D.E. 5�lS'3!'!t8'� 30' 1 0 m 30' IH to C) r--3 I �wg cm P D735.34'58"E j 70.00' � 35'34'58 I 70.00' a 35.34'58 70.00' N P=3 m y IH to C) r--3 I �wg cm P D735.34'58"E j 70.00' � 35'34'58 I 70.00' a 35.34'58 70.00' *35.34'58 s *35.34'b8 • 6' g I - c C P=3 *35.34'58 s *35.34'b8 • 6' g I - c C • 0 Patrick G. white AwIL Collier County Att'y. 3101 Tamioni Trail hawt Naples, Pl. 14112 2894522 OR; 2935 PG; 0803 RECORDED in O?IICIAL RECORDS of COLLIER COUNTY, IL 1210312001 at 01:52PN NIGHT E. BBRROCK, CLERKRic ?11 31,50 Retn: HOUSING i URBAN INPROVININT INTER OYlICE TO HUI rhh space for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE': -FAMILY AFFORDABLE: HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This fy d Agreement for the Waiver ,o.1 a"• {F is entered into this a l�',AeAt `f elt S .,, gyp' � . � y of 2001, by and between Collier Board of County CommissiOnei Humanity of Collier County; Inc , yy "Parties. WHEREAS, Collier tical sub diwi`n of the State of Florida through its r referred to',as "COLINTY," and Habitat for ITA Ordinance No "'Q. NEK," collectively stated as the k -4 3., 4 te, Collier County Consolidated Impact Fee Ordinance, as it may'*_..f0he.C, amended . �n� tl acs to time, hereinafter collectively referred to as "Impact Fee Ordinance,, x6VI aivers 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 it copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - OR: 2935 PG: 0804 WHEREAS, the impact lee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of Lill criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver, and WHEREAS, pursuant to Section 74-201, E.I.b. ul'the Impact Fee Ordinance, as codified in the County's Coale of laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements, and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in conside valuable consideration, the receipt :brio L the Parties covenant and agree 4sto tt;tivs. I. RECITALS INC incorporated by rote 2. LEGAL DESCR P- the foregoing Recitals, and other good and f}s hereby mutually acknowledged, Is`xe true and correct and are iot �4jfhci Ming unit and its site plan �' A is incorporated b reference (the "Uweliing Urt��' attached as Exhr�� Y fi herein. ,v u, 3. TERM. The term Lit thrs�A r e tin i �� iia funger than a period of fifteen (IS) years commencing from the date the mcertificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and 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 it very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - OR: 2935 PG: 80 payments to purchase and pay Ior the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. 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 subsequent owner, d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Seven Thousand Six Hundred Ninety -tight Dollars and Fighty Two Cents (S7,698.82), as set forth in the attached lixhibit -B,- incorporated by reference, and C. In return for the COUNTY'S waiver of the impact tees otherwise owed by OWNER, OWNERF�c�:� co ,►tits and agrees to comply with the affordable hc 41ipact fec waivcrAlqa liticatiun criteria detailed in the Impact Fe Urc ita dace M4 Jma. 5. SUBSEQUENT TRANS F RFA ME T S Q lil S N If C�NNR sells the Dwelling unit I e which is subject Alo t c tmpat.t e ► � r i :�xst istilunit purchaser, the Dwelling . Unit shall he sold houuhc)lds n --ti, e waiver qualifying criteria set forth in the h14 e0ee Ordinance. Inisc� Y ale or transfer by gift of the Dwelling Unit, the ori ial WNER shall .re-flykfis,I for the impact tees waived until said impact fees are paid`ii o u ttt he conditions set firth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement, and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately 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 tees shall constitute and be a lien on the Dwelling Unit in the amount of Scven 'Thousand Six Hundred Ninety- - 3 - OR: 2935 PG: 0806 Eight Dollars and Eighty Two Cents ($7,099,82), as set forth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of it suitable security collateral being provided by the OWNER to the COUNTY. then all of the COUNTY'S lien rights and interests arising under this Agreement are to he 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 he superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this licit shall he on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upwv subs -factory completion of this Agreement's a. x requirements after hftct i jTycar prul7r he of issuance of* the. certificate of' S i, occupancy, or upotr Ipr►« p4ynient of the waive �►►p t tees, the COUNTY shall, at the expense of payment or release oft k i3 9. BINDING EFFECT " Parties to this Agr%S� 10. RECORDING. This\ t and their heirs, COUN"rY in the Official nt shall tx: mentation evidencing Such d and be binding upon (tic 4 assigns. COUNTY at the expense of mrity, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall he in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for .t period of fifteen (15) days after mailing of written notice of the violation. - 4 - OR: 2935 PG: 0801 12. REMEDIES. The following remedies are cuM Ulative with any other right or remedy available to the COUNTY: it. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen ( IS) year term, or (2) violate any provisions of this Agreement, then the dollar arnount of irnpact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (NO) days after mailing of written notice to the OWNER, then the: COUNTY may bring civil action to enforce the Agreement. c. In addition the, ,.fiem may be foreclosed, or otherwise enforced by the COUN I'' i�n aC�uix�t�tt ,in law or equity including the fureio�u of it mortgage on real rorty. The COUNTY shall he ` , �� entitled"to�recoftr, ali,, fees and cos s, ificluding attorney fees, plus interest at t 4 IN WITNESS WHERL Impact Fees on the date and year first Witnesses: Parties have OWNER: #ltc*us calculated on a calendar day { e :fid this Agreement for Waiver of HABITAT FOR HUMANITY OF Print Narka _'Aeni1 /t' �t _ c— COLLIER COU)WY. INC. OP Lad)tq ' Muni Name ►ti- BY-- _- Samuel J: Durso, M.D., President - 5 - OR: 2935 PG: 0808 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this —f— day of� .2001 by Samuel J. Durso, M.D., President o' tat for Humanity of Collier County, Inc. He is personally known to me. if [NOTARIAL SEALI <gnature (^ —on Taking Acknowle#ntent o1r�Gd 8 JEAN vM� Name of Acknowledger Typed. Printed or Stamped `�CMMLS31ON 0 CC74795,1 f UPIRB AUG 01. 2002 4OFF1 ADVANTAGe COLLIER COUNTY, FLORIDA STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. OlIiff, /C [NOTARIAL SEALI Sign Name of Approval Recommended Greg lic, Director Housin Urban Improvement By:. { NOMAS W. OLLIFF, Mt To MANAGER t day of c'Y" l K lel' 'L, 2001 is personally known to me. MARY E. BECK Taking A uivlc4g }rent MVCOMMI&VON00CVZ M EXNRES. Apra ?7. UK - 6 - or Stamped roved as to form and leg• suf i • 'r Patrick G. White Assistant County Attorney OR; 2935 PG; 0809 EXHIBIT "A" LEGAL DESCRIPTION LOT 4, BLOCK A, HABITAT VILLAGE:, ACCORDING TO THE: PLATTHEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" IMPAV'FEX`#jj EAKDOWN Type of Impact Feelmuunt Owed A. Library Impact I ec w Jma., $ 214.(x) h4 B. Road Impact Fee "` x25.110 C. Parks Impact Fee ` 820.84 a i �� , " ahs � � r^ D. EMS Impact Fee --,I"\ �, 93.10 E. Educational Facilities1 t' 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 FETES WAIVED - 7 - $7,698.82 C30 C3L m� f Lo 3 36034'58"W -OWN �A 2. 00' C" i-00-3 571 1 1�1 t3 81 P fo M 341934'58 72.001 ro D.E. fm,, r=3 I loma O r, I 0 cm 30' 130' �a o�3 y 36034'58"W -OWN �A 2. 00' C" i-00-3 571 1 1�1 t3 81 P fo M 341934'58 72.001 ro D.E. fm,, r=3 I loma O P=3 �a o�3 PO ow LA 0 P. 5'34'58 "t 70,00' $35034 058 70-00 ca V V34'58 70-00' 35034'58 '1"' 70,00' cyl *35.34'S8 CAI I Eg a fle • Prepared by: PatrkkG. While Awl. Collier County Alt's. 3301 Tatduni Trail En%l Napkc. F1.34111 2894523 OR; 2935 PG; 0811 RICORDID is OFFICIAL RICORDS of COLLIIR COUNTY, FL 12!0312001 at 01:52PK DWIGHT I. BROCK, CLIRI RIC FII 31.50 MR: HOUSING & URBAN IKPROVIKBNT INTBR OFFICI TO HUI rhk space for recordinit AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY. INC.. This Agreement for the Waiver ot.',...Itw 1;16ct Fees is entered into this f day of _ 2001, by and between Collier Coutit"X, #tiIca S Itic State of Florida through its Board of County Commissioner , "hereinafter referred Ii -is COUN"I Y," and Habitat for Humanity of Collier County, 'lne n hereln,lr relered to as OWNER," collectively stated as the "Parties." 11 15 l Ei "__� WHEREAS, Collier Impact Fee Ordinance, as it ma referred to as "Impact Fee x Ordinance No 111 `t ie 011ier County Consolidated fitther amended front tiq>e io time, hereinafter collectively ahe4, spt'ov_ Tr"waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance, and - 1 - OR; 2935 PG; 0812 WHEREAS, the impact tee waiver shall he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, pursuant to Section 74-201, E.l.b. of the Impact Fee Ordinance, as codified in the County's Coxle of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County 'Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in cunside valuable consideration, the recei the Parties covenant and agree a.: K4,l ws: 1 �` 1-111-1- 1. �I. RECITALS INCORP6R A'E`I incorporated by gofer t: liVrk-i o t 2. LEGAL DESCRITt 'h the foregoing Recitals, and other good and i%Js hereby mutually acknowledged, ng R&.jtals�,,are true and correct and are ptio z1oF,1t ru, �elIirig unit and its site plan (the "Dwelling USC°°pis attached as Fxh4 A ff.rtVAis incorporated by reference ff — ' herein. > 3. TERM. The term of than a period of fifteen (1 S) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall tx- 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 Ordinance, and the OWNER'S monthly - 2 - OR: 2935 PG: 0813 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total anwunt of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,698.82), as set forth in the attached Exhibit "B," incorporated by reference; and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER further covenants and agrees to comply with the )r affordable ho g. n r t�fa �f c , tnci, ralification criteria detailed in the Impact Fee OfAinance. 5. SUBSEQUENT 'V" ANSk-W*EPAX-", F 'T. If which is subjectl to Unit shall he sold�bnl tta sii °lick holds set forth in the. ImpacfTee Ordinance. InA c Dwelling Unit, the .o ` Istat -OWNER shall re until said impact fees are parcir1Ierrtthr� Ordinance and this Agreement are satisfied. OWNER sells the Dwelling Unit r s�+Wnt purchaser, the Dwelling I matin the waiver qualifying criteria e le or transfer by gift of the ,. Ole for the impact fees waived nditions set forth in the Impact Fee 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately 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 Seven 'Thousand Six Hundred Ninety- - 3 - OR; 2935 PG; 0814 Eight Dollars and Eighty Two Cents (S7.69K.K�), as set forth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to he 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 paramount 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 taxes. 8. RELEASE OF LIEN. Upon a,_satisfactory completion of this Agreement's requirements after fiftecrt' ,N occupancy, or upon the expense of t Payment or relea. a othJi 9. BINDING EFFEr,'' Parties to this Agro„t1%µ 10. RECORDING. Thi COUNTY in the Offici yment of the wai , ecoxrq any, and their heirs, shall be rec of issuance of the certificate of -t fees, the COUNTY shall, at mentation evidencing such and be binding upon the ns. COUNTY at the expense of nty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for it period of fifteen (15) days after mailing of written notice of the violation. - 4 - OR; 2935 PG; 0815 12. REMEDIES. The following remedies are Cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said yualitication criteria at any time during the fifteen (15) year tel -111; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall tx paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the ljen- ay foreclosed, or otherwise enforced by the COUNTY iy ra acttt�n .t nr � a;n law or equity including the forec,lositre`sof a mortgage on rea ro rty. The COUNTY shall he entitled to eco -r sa,, fees id Costs, including attorney fees, plus interest' atit IN WITNESS Wli Impact Fees on the date and year first Witnesses: Parties have OWNER: ticrnts calculated on a calendar day { his Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. - 5 -- Samuel J. Dui o, M.D., President OR: 2935 PG: 0816 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this ___j day of 1001 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to rne. i [NOTARIAL SEAL) Signatury-e0ftcrson Taking Acknowleogrrrent ) Name of Acknowledger Typed, Printed or Stamlkd 0AY P`S B. JEAN SMITH .Q0 �pCOMMISSION tt CC747954 Iml♦ p(PIRES AUG 01, 2002 OONDfD the^� fCH 10FFP wANIAceNrrAo COLLIER COUNTY, FLORIDA By:_ WOLLIFf 1A _ NAGER STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. Ol l i ff, [NOTARIAL SEAL] Sign VAJ Name of Ack Approval Recommended Greg M• lic, Director Housing Urban Improvement rtr t, day od U1 lx u 2001 U 1TYAJ)e is personally known to me. .` MARY E BECK Taking Ai �4A? [ adz nt MYCOK,"MON0cc+m»a s. a n ""Jft M,I2Z AMM - 6 - or Stamped roved as to form and V.111 -Tr ur'tici 'r y: 4L f atrick G. White Assistant County Attorney OR: 2935 PG: 0817 EXHIBIT "A" LEGAL DESCRIPTION LOT 5, BLOCK A, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED 1N PLAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 MPA CT..F.EIK BRA A KDOW N i Type of Impact Fee mount Owed A. Library Impact Fee 214.00 B. Road Impact Fee 125.UO) C. Parks Impact Fee. - x, 0.84 �� h� �x D. EMS Impact Fee `�� i "�� W E. Educational Facilities S,y�stfcm Impact Fee {,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee a 1- 75.(X) H. Correctional Facilities Impact Fee 117,98 TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 ;* CA 0 w 0 C30 L, I C33 Vol"�q ;7"N �$ 1r •I 35'34'58"If � 1�1 t3 34'b8 � 72.00' ro 30' 130' N m r^ y H "W2 1 11=3 01 �a y into 9.49'T P. 5.34'58 "t 70.00' P- 35034158 70.00' 0 *35*3458 70.00 PI *35.34'S8 t70,00, C11 El s 1k35.34'S8 1 CI CI by: PMrkh G. Whitt Awl Collier County Att'y. 3391 Tnnismi Trail East Naples, Fl. 34112 2894524 OR: 2935 PG: 0819 RICORDID in OFFICIAL RICORDS of COLLIIR COUNTY, FL 12/03/2001 at 01:52PK DWIGHT I. BROCI, CLIRK RIC PBI 31.50 Retn: HCUSING & URBAN INPROVIKINT INTIR OFFICI TO HUI rho+ %pact for nvording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver 2001, by and between Collier C Board of County Commissions Humanity of Collier County,,Inc. "Parties." � WHEREAS, Collier Impact Fee Ordinance, as it may referred to as "Impact Fee C ^s is enterer) into this ,;e-&.urinv nf/�' bd7the State of Florida through its referred to "4s "OUN'rY," and Habitat for reinafte rete°red to `4s"OWNER." collectively stated as the ._ x� 'I Ordinance No. ?(� 1 4"oilier County Consolidated rot amended tram1io time, hereinafter collectively ance,«o,ui4 .tot waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - WHEREAS, the impact fee waiver shall he presented in link- ��i�enNi t0820., ruste 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 74-201, E.I.b. ofthe Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Hawing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with [tic COUNTY. NOW, 'rHEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt arluftttitxcrfuvh ►s hereby mutually acknowledged, the Parties covenant and agree uw tlt��ws: ~� 1. RECITALS INCQOkk"Y I?t 'fore 'n �, (�, Ree; talsk+tre frac: and correct and are incorporated by rfert 2. LEGAL DESCRP"[ (the "Dwelling U►)at' herein. 3. TERM. The term of t attached as Ex 1thi+ l{ing unit and its site plan "A" atpdrS incorporated by reterence than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 Ordinance, and the OWNER'S monthly - 2 - OR: 2935 PG: 0821 payments to purchase and pay tier the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; OWNER is a first-time home buyer; The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,698.83), as set forth in the attached Exhibit -13,- incorporated by reference; and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER furtwhs,,rovenants and agrees to comply with the affordable housr"i "I'' " ft � r� t•. t �ialitication criteria detailed in the Impact 5. SUBSEQUENT 'I which is subject Unit shall he sol( set forth in the 1 nance. Af SFEI `REPAYME:N It' (y,WN'ER sells the Dwelling Unit IP lifempat ed wa�v � tri �sc�yuc t purchaser, the Dwelling Y J r-1 I tbs*rsutry est o oI s"rie waiver qualifying criteria 'Fee Ordinance. Irr ,_ c3Se",rf�4tile or transfer by gift of the 41 1,Dwelling Unit, the or nwt WNER shall re , n-;taiiik (table for the impact fees waived until said impact fees are paid i t car r�,thc conditions set forth in the. Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as detmed in the Impact Fee Ordinance during the term of this Agreement; and it' the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be 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 tees shall constitute and be a lien on the Dwelling Unit in the amount of SCVen Thousand Six Hundred Ninety- - 3 - OR; 2935 PG; 0822 Eight Dollars and t:ighty Two Cents (`7,698.82), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise Ik superior and paramount 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 taxes. 8. RELEASE; OF LIEN. Upon-sattslactory completion of this Agreement's �� a --fro" Ce of issuance of the certificate of requirements after hftce�i l occupancy, or upoi pri gpayment of the waiveif rnp t fees, the COUNTY shall, at the expense of the payment or release o << vn 9. BINDING EFF EC"T`. Parties to this Agro 10. RECORDING. Thi QUI i 1e11 card any necessary, doemmentation evidencing such R" w i Y i x "d, This'ARrcerrienf Sart I ruri*ifit tlt11,11,tnd and be binding upon the t and their heirs, COUNTY in the Official shall be assigns. COUNTY at the expense of y, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance fur a period of fifteen (15) days after mailing of written notice of the violation. - 4 - OR: 2935 PG: U60 12. REMEDIES. The following remedies are Cumulative with any other right or remedy available to the COUNTY: a.Should the OWNER of the property: (1) tail to comply with the said qualification Criteria at any time during the fifteen (15) year term; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification ol'said violation. h. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the lien mayY he foreclosed, or otherwise enforced by the COUNTY? r �4t+►� in law ur equity including the fure�los ► %r of a mortgage on rc "�pruj:�crty. The COUNTY shall he enitle'tuec�r atccs .nd Cos s, i1iCluding attorney fees, plus R�. inerct .rt`Rtht.ttor at tuLrL Ita7ciitti calculated on a calendar day T'w` sd a t� IN WITNESS WHER '), th," Partiies h.rvc ex�rtcc`this Agreement for Waiver of Impact Fees on the date and year ti Witnesses: Print Narffe Z/ • I 'Vi n N Aam e n �. OWNER: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Samuel J. Durso, M.D., President - 5 - OR; 2935 PG; 0824 STATE OF Florida COUNTY Of -Collier The foregoing Agreement was acknowledged before me this -�— day o' (X)I by Samuel J. Durso, M.D., President of a r Hunuu1ity of Collier County, Inc. He is personally known to me. `yam 7�---- [NOTARIAL, SEAL,) Signature of P *y ii TakingAknowlec gnient 'Name of Acknow ledger Typed, Printed or Stamped o0 t Pis 6. JEAN MITH "COMMISSION / CC74T954 EXPIRES AUG 01, 2002 411 � BONDED NVOU sH A OF B -P ADVANTAGE NOTARY OF FLORIDA STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. 011iff, [NOTARIAL. SEAL) COLLIER COUNTY, FLORIDA By: -- rt IOM W. OLLIFF, CO ANAGER °; ;reement,w�ls afcn�H�cgge� punt M na er cin tumal if .,: I a 4 Signatita� )f P rson Taking u � u Name of Ac%iiled,T Approval Recommended Greg i clic, Director HousVg & Urban Improvement - 6 - Jay of fie is personally known to me. MARY E. BECK M' commissioN i cc %?m UNIM' ApW ZZ Mm or Stamped Approved as to forrn arid e I ' ffi i cy: Patrick G. W ite Assistant County Attorney OR: 2935 PG: 0825 EXHIBIT44A" LEGAL. DESCRIP'1'lON LOT 6, BLOCK A, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" IMPACT;,FE' :,t3 -RI AKDOWN Type of Impact Fee "w Amount Owed A. Library Impact Fee � ..� y $ 214.00 B. Road Impact Fee X1,8' -5.(X) ,i r C. Parks Impact Fee Y i ` "' E 820.81 n. <z . D. BMS Impact Fee w 93.00 E. Educational Facilitie n Impact Fee 's �� 1,778.00 s F. Water Impact Fee 1,275.00 w G. Sewer Impact Feer N 1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 9190-0%^ 0 99,i►E.9E* �s ,00'04 8g s tcog 0 ,00'0, �g,i►E.g do ) , ,00•ok gg,*909C O !I % P4 1 E=4 Emm4 UlN V-4 8g, *COQC o Ea 0 EEO � Uw 0 C G E 9 Prepared by: Patrick G. what Aer'L Collier County Att'y. 33101 TaWAaml Trap Not Naples. F1, 2894525 OR; 2935 PG; 0821 RICORDID in OIIICIAL RICORDS of COLLIIR COUNTY, FL 12/0312001 at 01:52PN DWIGHT I. BROCN, CLIRK RIC 111 31.50 Reta: HOUSING & URBAN INPROVININT INTIR O??1CI TO HUI This %pa a for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWEI,I,ING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver o r a is entered into this f day of410�fV 4� 2001, by and between Collier Cttt:: Board of County Comm issibnerti,1; .,.. IJI Humanity of Collier County, Inc.,M j "Parties." ical ferrt'd to RECITALS: WHEREAS, Collier C, Ordinance No. 2W1_41, the State of Florida through its UNTY," and Habitat for ," collectively stated as the Fir' Collier County Consolidated Impact Fee Ordinance, as it may ba � rt4erdamendid fi rt��t i ie to time, hereinafter collectively Y � referred to as "Impact Fee Ordinance, 1�r�Vrde% for waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - OR: 2935 PG: 0828 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, pursuant to Section 7=4-201, f.l.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements, and WHEREAS. by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consider;j.fiou-of .,the foregoing Recitals, and other gm)d and valuable consideration, the receiptlu��rrrrct�icis hereby mutually acknowledged, the Parties covenant and agree ,as ftr4•# ws: I. RECITALS INc6RP6RA The for cgc ng Recitals`,are true and correct and are incorporated by 0efer.4ifnc he U1i► . ; 1 2. LEGAL DESCRIR I 1 n' "f'hi a1 c�,sc�riptir tt elling unit and its site plan (the "Dwelling Uii(s attached as Exht ' �,►id'is incorporated by reference herein. 3. TERM. The term of this'r.�►�eitY+I� tui"longer than a period of fifteen (I S) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 Ordinance, and the OWNER'S monthly - 2 - OR: 2935 PG: 0829 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. OWNER is it first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact tees in the total amount of Seven 'thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,698.82), as set forth in the attached Exhibit -B,- incorporated by reference; and e. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER futj�.er_gcovenants and agrees to comply with the Le affordable criteria detailed in the Impact F4 5. SUBSEQUENT RA which is subjeq' to Unit shall k- so ►'r inance. ;-*EPAY ini'Mof f set forth in the InypgzFee Ordinance. Itf Dwelling Unit, thetillgi>l OWNER shall until said impact fees are tcE$ t 1 r itA , It' OWNER sells the Dwelling Unit sgl;sequent purchaser, the Dwelling r"the waiver qualifying criteria s'ule or transfer by gift of the ble for the impact fees waived itions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the terra of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall 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 tees shall constitute and be a lien on the Dwelling Unit in the amount of Seven Thousand Six Elundred Ninety- - 3 - OR; 2935 PG; 0830 Eight Dollars and Eighty Two Cents ($7,698.82), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount 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 taxes. 8. RELEASE OF LIEN. Upon as.; jactory completion of this Agreement's requirements after fiftec,n", ��r -4rot ata��;�t� of issuance of the certificate of occupancy, or upon /pr►br,,", rnent of the waivc,ciwii pmt fees, the COUNTY shall, at the expense of tht CC?UN�"-Y- cord any Ito r.ssary iocomentation evidencing such Payment or release ofitied`, 9. BINDING EFFI✓C7`I i�ha.grct%ttt run .iitt thc�urrd and he binding upon the Parties to this Agree#kt and their heirs, stu�Ssris .ut�ssigns. 10. RECORDING. Ihi gr pent shall he ►c corolett iyRPCOUNTY at the expense of COUNTY in the Ofticialerfi:„o��(�irfnty, Florida, within sixty (60) days ,µ after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (1S) days atter mailing of written notice of the violation. - 4 - OR; 2935 PG; 0831 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen ( 15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, then -lien -m COUNTY' ernelet, foreclose tit ,,a mortg e►tiitlet to recti..atfiJ4 IN WITNESS WHE Impact Fees on the date and year first u Witnesses: 'ni Name7MNV_ foreclosed, or otherwise enforced by the t t C�tttn law or equity including the on reAyPro :rty. The COUNTY shall be fees and cos' , including attorney fees, plus Parties have; OWNER: fnents calculated on a calendar day { �ek,d this Agreement for Waiver of HABITA"T FOR HUMANITY OF COLLIER COUNTY, INC. - 5 - Samuel J. D(irso, M.D., President OR: 2935 PG: 0832 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this --�— day of 2001 by Samuel J. Durso, M.D., President ofJ4915ita for Humanity,ot'Collier County, Inc. He is personally known to me. r - [NOTARIAL SEALS signature oh'erjon Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped ,� WIRES AUG 01, 2W( COLLIER COUNTY, FLORIDA W>"::.� Rip Hy:_ ~' HUMAS W. OLLIFF, CU MANAGER ON "o STATE OF Florida COUNTY OF Collier The foregoing Agr by Thomas W. OlIiff, Cou [NOTARIAL SEAL] Si Name of Approval Recommended Greg i clic. Director Housi & Urban Improvement n Taking - 6 - is Y V day of / i 1x(4 1- 2cx1 r '. He is personally known to me. MARY E. BECK Wy COMMS" • cc wSTM EXMRE& Aprd 22. MM or Stamped Approved as to form and Z suffici �ncy: Patrick G. W ite Assistant County Attorney OR: 2935 PG: 0833 EXHIBIT "A" LEGAL DESCRIPTION LOT 7, BLOCK A, HABITAT VILLAGE, ACCORDING '1'O THE PLAT THEREOF AS RECORDED IN PIAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" IMPAC"�';i!I ', Rk,AKDOWN v (,1A, Type of Impact Fee Amount Owed A. Library Impact Fee - $ 214.00 B. Road Impact Fee 61� C. Parks Impact Fee 0t i 820.84 °,. , D.EMS Impact Fees 41 93,()() E. Educational Facilities. Nip Impact Fee 1,778.00 F. Water Impact Fee A1,275.00 t?, G. Sewer Impact Fee 1,575.(X) H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED $7,698.82 - 7 - Prepared by: Patrick G. White Aw'L Cooke County Alt'y. 3301 Tansiami Trail East Nspka, FL 34112 2894604 OR: 2935 PG: 1112 RECORDED in OIIICIAL RECORDS of COLLIER COUNTY, IL 12/0312001 at 02:17PN DWIGHT E. BROCI, CL1RI REC 111 37.50 Retn: HOUSING 4 URBAN INPROVBNENT INTER OFFICE TO HUI 'I hk% space for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE': -FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waivct ofrc"E �t .t f t c, is entered into this / Slav of b � 4P - �` �' �, .0 r 2001, by and between Collier Cou�y.1► 15 ilihcal subZitt the State of Florida through its Board of County C'ommissjmer�, hcrinat ,g , Humanity of Collier Count; lnu� ,amat 3 a ".Parties." R � Y referred tt *gas ,'COUNTY," and Habitat for WHEREAS, Collierty Ordinance No. -11*1 NEAR," collectively stated as the t l�A I",tho/Collier County Consolidated Impact Fee Ordinance, as it ma rt far amended fron{ jtte to time, hereinafter collectively referred to as "Impact Fee OrdinAc�..! larE�.0swaivers 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 designee., has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - OR: 2935 PG: 1113 WHEREAS, the impact fee waiver shall he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the. Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, pursuant to Section 74-201, E.I.h. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorised to execute certain Impact Fee Waiver Agreements. and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in cons valuable consideration, the the Parties covenant and agre0s t>illowti: 1. RECI'T'ALS IN incorporated by 2. LEGAL DES �,)t-.the foregoing Recitals, and other go(xT and cy i�tvarta es hereby mutually acknowledged, (the "Dwelling U'�ie* )\js attached as herein. 3. TERM. The term of thiti A'gt*PiiieA fureg(,ing Re ital,are true and correct and are At,4 th�4welling unit and its site plan A "a 41 is incorporated by reference lunger than a period of fifteen (IS) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 Ordinance, and the OWNER'S monthly - 2 - OR: 2935 PG: 1114 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance, b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner, d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total anwunt of Seven 'Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,698.82). as set forth in the attached Exhibit "B," incorporated by reference: and e. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNERrc further.. ,covenants and agrees to comply with the affordable hco e,lki�,etN-ctualitication criteria detailed in ttte O Impact Fee I lice. 5. SUBSEQUENT TRANSP EP'AYMEI 1 1 ° W�+IER sells the Dwelling Unit which is subject to,ft�c�ii I ac s hte v riij r i�i�,r� h yu nt purchaser, the Dwelling Unit shall be sold: c ii y ti l l r of o°r h ru hold m etii the waiver qualifying criteria 4 x s,F set forth in the tt p t ` ,Fee Ordinance Imo` tb t �r�� fi dale or transfer by gift of the Dwelling Unit, the yigial OWNER shall rerai.ri l<tthle for the impact fees waived until said impact fees are atd i s 11 r 4411 1, � conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing ort the effective date of this Agreement and continuing until paid or otherwise released the waived impact fees shall constitute and he a lien on the Dwelling Unit in the amount of Seven'rhousand Six Elundred Ninety- - 3 - OR: 2935 PG: 1115 Eight Dollars and Eighty Two Cents ($7,608.82), asset forth in attached Exhibit "B." This lien may he foreclosed upon in the event of default tinder this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, interior, 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 he superior and paramount 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 taxes. 8. RELEASE OF LIEN. Upon,-_.sat.isfactory completion of this Agreement's f,. ftc,c�i(T�atr t, �te of issuuncr of the certificate of requirements atter h occupancy, or upon pi )i"payment of the waives" in ct tees, the COUNTY shall, at the expense of the COUNTY,; -,record iuiV 6ec ss�►r documentation evidencing such payment or release cotlinn. 3 1, 9. BINDING ll run ,*, h tt,014nd and be hinding upon the Parties to this Ag*`j'`int and their heirs s cs ora;,. d` assigns. .x, 10. RECORDING. Th► i moment shall be reco c ;�6y COUNTY at the expanse of COUNTY in the Ofticia Re- t (cd� Cq k"I"C` LInty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement it': a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact tees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 - OR; 2935 PG; 1116 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) )-car term: or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise he: in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the licit may be foreclosed, or otherwise enforced by the COUNTY, y a fisc � r�i��t�in law or equity including the foreclksia mortgage on red rorty. The COUNTY shall he esti d''to f6 4W,fccs and cost including attorney fees, plus interes(lat Vol— IN WITN)4 SS WHIwRI• I:„ Parties have e Impact Fees on the date and year first abox�e titan w Witnesses: j` d t lents calculated on a calendar day s xctckc)cf this Agreement for Waiver of OWNER: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. i Samuel .t Durso, M.D., President - 5 - OR: 2935 PG: 1117 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this C__ day oA2001 by Samuel J. Durso, M.D., President * it I at for Humanity of Collier County, Inc. He is personally known to me. A /7 _ (NOTARIAL.. SF.ALI &gnatupe'oit /t' Peon' faking Acknowledgment C`� , / XJ � / Tit J _ of Acknowledger Typed, Printed or Stamped ,��5►� P(/s B. JEAN �-,COMMISSIUN a C:'-:741- 54 �cv;at COLLIER COUNTY, FLORIDA � F� ADVANTAGE r:. s By: tk�: vTI�0MAS W. OLLIFF, Y MANAGER .T � A STATE OF Florida COUNTY OF Col I icr The foregoing by Thomas W. 011iff, [NOTARIAL SEAL] Sign was akniwecigdEttt► r ►1ttr�, ��_ day ut�LG'Stc ix liE L, 2001 ia�er n efiu f t,I ie C ,UNTY Ne is personally known to me. Name of Ac Approval Recommended Pc o Taking Adna) vlcd ri n reg i ' Director Housin Urban Improvement - 6 - ted or Stamped MARY E. BECK WNMY CLMIMl1MION I CC 027M W N+� UNIR aS: Apo" w. MM Approved as to forni and sof � �ncy: Patrick G. White Assistant County Attorney OR: 2935 PG: 1118 EXHIBIT "A" LEGAL DESCRIP7'ION LOT 8, BLOCK A. HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PIAT BOOK 37, PAGH:S 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" I MPA -LST'*, - :�E,, R,, - A KDO W N .irk' 5t , *� . Type of Impact Fee" Amount Owed A. Library Impact Fee $ 214.00 � B. Road Impact Fee 1•S'-5 R i C. Parks Impact Fee:� . � �x �� { , 8.0.84 D. c)A.00 FMS Impact lee ; E. Educational Facilities° ' y t m Impact Fee 1,778.00 F. Water Impact Fee �..�.�� r mA$ ,� � 1,.275.()0 1,575.00 G. Sewer Impact Fee H. Correctional Facilities Impact Fee 117,98 TOTAL IMPACT FELS WAIVED $7,698.82 - 7 - Prcpred by: Patrick G. White Asr'L CoNier County Atl'y. 3,191 Twnlami Trail "M Naples, FL 34112 2894605 OR: 2935 PG: 1120 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, PL 1210312001 at 02:17PK DWIGHT E. BROCK, CLERK RIC 11I 31.50 Retn: HOUSING i URBAN IKPROYININT INTIR OFFICE TO HUI chis space fur recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANiTy, INC. This Agreement for the Waiver-,of'-Ir1t Ftca�is entered into this ?day tit' 2(101, by and between Collier C,,(, r, �t political tiulidsof the State of Florida through its Board of County Commis i�nern, r iriutter referred to° as N'COUNTY," and Habitat for a: Humanity of Collier County, Inc ,.heTq"in' r re rely tc .as " ? NVR, collectively stated as the "Parties." RECITAL WHEREAS, Collier'( Ordinance No. M I IV (At; Collier County Consolidated Impact Fee Ordinance, as it mayl fiuttlavr amendect..f�ot4 tone to time, hereinafter collectively referred to as "Impact Fee Ordinan� pule*µ "tor waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance, and OR: 2935 PG: 1121 WHEREAS, the impact fee waiver shall he presentees 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 74-201, E. I .h. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements: and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Afoordahle dousing: and, WHEREAS, the Impact Fee Ordinance requires that the OWNER anter into an Agreement with the COUNTY. NOW, THEREFORE, in coil ,ideati0tr--o the foregoing Recitals, and other good and valuable consideration, the rec.eip t tifttctettry ��f tc is hereby mutually acknowledged, the Parties covenant and agree'ias trfws:� „ 1. RECITALS INC RFORATF ltt foregoing Re ttalw are true and correct and are ?,�, incorporated by refer nye h&ctn. . Uk i 2. LEGAL DESCR,(�Ci f gibe-'talY usaiplioift-it th a�Welling unit and its site plan (the "Dwelling 0J'4)pis attached as Lxttt t A ,if is incorporated by reference herein. 3. TERM. The term of this r than a period of fifteen (I5) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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: it. OWNER'S household earnings will not exceed a very low income as defined in the impact Fee Ordinance, and the OW'NER'S monthly - 2 - OR: 2935 PG: 1122 payments to purchase and pay liar 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 retrain, the homestead of the OWNER or any Subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total anwunt of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,699.82), as set forth in the attached Exhibit -B," incorporated by reference; and C. In return for the COUNTY'S waiver of the impact lees otherwise owed by OWNER, OWNER furt.her...covenants and agrees to comply with the affordable huu`r�trtaacfee- attyr tjl alitication criteria detailed in the Impact Fee ordinance. 5. SUBSEQUENT T ANSF E,R'47-RE P AY M PN If N''ER sells the Dwelling Unit R, which is subject !to (f°1tinpa t fee wajv � t J ` `e luei t purchaser, the Dwelling Unit shall be cisa tint�e waiver qualifying criteria ;F set forth in the Im ;+ `Fee Ordinance. In A- La', - Ws' le or transfer by gift of the Dwelling Unit, the oi-ia i)WNE:R shall ret aat lia "Ie for the impact fees waived until said impact fees are p;tMf UP ll t 66nditions set firth in the Impact Fee ,. Ordinance and this Agreement are satisfied. b. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for af'f'ordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately 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 anwunt of Seven Thmv and Sir Hundred Nincty- - 3 - OR: 2935 PG: 1123 Eight Dollars and Eighty "Two Cents ($7,698.82), as set firth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except its 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 paramount to the interest in (tic Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall he on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upory satist4tory completion of this Agreement's requirements after fnftarfrotYtV .t of issuance of the certificate of occupancy, or upon prior payment of the waivicei aa- d fees, the COUNTY shall, at the expense of tare COON I'Y c,o�rd any n cessar dox tmentation evidencing such e` r / payment or release 9. BINDING EFFE Ilii Agreritenf aia. run �t t1�tuul and h: binding upon the Parties to this Agro" -fit and their heirs, assigns. 10. RECORDING. This i eeoiicnt shall he rec� �ci° y COUNTY at the expense of COUNTY in the Official F en d of C ii,i;--i aunty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall he in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 - OR; 2935 PG; 1124 . 12. REMEDIES. The tollowing remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term., or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing or written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the Ice& -r ay -Ne foreclosed, or otherwise enforced by the COUNTY y n actr6A,,in law or equity including the roreel ost0e of a mortgage on rc.atlirol�cmy. The COUNTY shall be eniitled to "recti cr aR tees and cos s, including attorney tees, plus it ter& at t s IN WITNESS WHERE Impact Fees on the date and year first Witnesses: Print Nam L&bV-J—X-�a.%on e int Name a' ' � Parties have. OWNER: i nts calculated on a calendar day .e tc,i;E this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. J - By.:_ - 5 - Samuel Jeburso, M.D., President OR: 2935 PG: 1125 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this I- day ot�wall by Samuel J. Durso, M.D., President i>Pffa itat tier Humanity of Collier County, Inc. He is personally known to me. (NOTARIAL SEAL) -'SignatureP�rson Taking Acknowl •dgment Name of Acknowledger Typed, Printed or Stamped B. JEAN °V -f C,COMMI.SSION C " ,� UP+RES AUG ^ f 7�y 8^vGf7 T�- STATE OF Florida COUNTY OF Collier The foregoing Agreemer by Thomas W. 011iff, Count M r, COLLIER COUNTY, FLORIDA By: hQU_ =, TlOMAS W. OLLIF Y MANAGER [NOTARIAL SEAL) SignA-iii O I' P, on Taking n Name of Ac Approval Recommended Greg Min• Director Housino 4ban Improvement - 6 - z� t tIras ;' day of � 1 X. �ktz, ?OU r', He is personally known to me. MY E.N K nt (;W Smy iO1 J� �_.araA or Stamped Approved as to form and W cy: Patrick G. White Assistant County Attorney OR; 2935 PG; 1126 EXHIBIT "A" LEGAL DESCRIPTION LOT 9, BLOCK A, HABITAT VILLAGE, ACCORDING TO THIS: PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 1M A�'TIIH3,fAKlx)WN Type of Impact FeeAmuunt Owed A. Library Impart Fee ' , Jma. $ 214.00 B. Road Impact Fee R 1,1325.00 C. vi A 4 ti Parks Impact Fee 1 k ' t �` 820.84 D. EMS Impact Fee 93.00 E. Educational Facilities °ted Impact Fee 1,778.00 F. Water Impart Fee .n 1,275.00 G. Sewer Impact Fee � 1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 Prepuvil by: Patrick G. White Asst. CoUler County AWy. 33111 Tamiaml Tail Mast Naples, FL 341 12 2894606 OR: 2935 PG: 1128 RICORDID in OPPICIAL RECORDS of COLL III COUNTY, FL 12103/2001 at 02:17PN DWIGHT H. BROCK, CLIRI RIC PII 31.50 Retn: HOUSING S URBAN INPROVININT INTIR OPPICI TO HUI '116 space for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FES FOR SINGLE-FAMILY AFFORDABLE HOUSING UWELLINC FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver o --f�.t Fis enured into this /day of �dU zccwe Rk,� sa. 2001, by and between Collier C ouN, a Ix�htrc.al subdtvtll of the State of Florida through its Board of County Co111111IS,* ollel 1" irrattern referred to a. CUUN'11'," and Habitat for E Humanity of Collier Count!, Int , l Erclnaf Ic rmd,t _ w, ' , N R," collectively stated as the �;� � �•� � .,Parties." � � x i i lECITAL; F WHEREAS, Collier"'ivy,Ordinance No. ? 1:e Collier County Consolidated Impact Fee Ordinance, as it ma fu` amen cdTM ink t If" to time, hereinafter collectively referred to as "Impact Fee Ordinance;" pri),vides µ for waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance, and - 1 - OR: 2935 PG: 1129 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 un impact tee waiver, and WHEREAS, pursuant to Section 74-201, E.I.h. ot'the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements. and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing, and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in con valuable consideration, the the Parties covenant and agree,4is ti)Ijows: 1. RECITALS incorporated by refetende hoei I - h 2. LEGAL DESCRf OT :m' ' he -off.the foregoing Recitals, and other good and ") is hereby mutually acknowledged, furcg�ing Reital are true and correct and are elling unit and its site plan (the "Dwelling Uftt" s attached as I~xhi A m , is incorporated by reference herein. 3. PERM. The term of this Agurit longer than a period of fifteen (IS) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 Ordinance, and the OWNER'S monthly - 2 - OR: 2935 PG: 1130 payments to purchase and pay for the Dwelling Unit will remain within tilt: affordable housing guidelines established in the Impact Fee Ordinance; h. OWNER is a first-time hums buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner, d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total anwunt of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,098.82), as set forth in the attached Exhibit -B,- incorporated by reference: and e. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER,,,"Jtitt s wc:nants and agrees to comply with the ku14", �, :' affordable tit 4u` it,jj`-pic -fez - ,r qualification criteria detailed in the Impact Vee Ut`tUnance 5. SUBSEQUENT �'RANS >7 2EFAYME It W ER sells the Dwelling Unit {` which is subject to lull, i►n � ac tee W Ner )(i it )S ,CIuOnt purchaser, the Dwelling x Unit shall be sol' an Y t c,rs't -or h� us hold �eti e waiver qualifying criteria tk set forth in the Irr Fee Ordinance, lif, c cave, i male or transfer by gift of the Ns x .r a Dwelling Unit, thec "rt; k OWNER shall r .tr* I (table for the impact fees waived until said impact fees arep u w all ort l �hel conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement, and if the Dwelling Unit ceases to be utilized for that purpose during such period. the full amount of the waived impact fees shall be immediately 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 anwunt of SOCn "Thousand Six hundred Ninety- - 3 - OR: 2935 PG: 1131 Eight Dollars and Eighty Two Cents (57.699.82), as set firth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to he 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 ori the first nmrtgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall he on parity with any lien for County taxes. H. RELEASE OF LIEN. U„ n a. saEjsfactory completion of this Agreement's -" requirements after httcen(arsrtaat mite of issuance of the certificate of ON Occupancy, or upO)tr p rO` payment of the wain ^int ict fees, the COUNTY shall, at the expense of tfie MUNTY` rcct�r�l any r ccO ssar dO umentation evidencing sorb payment or release Of Ii n. x d 9. BINDING EFF E 61(\Thl� r>wt-4"h. it Parties to this Agr0ef tnt and their heirs s 10. RECORDING. Thi Age nient shall be COUNTY in the OttrO,taf° �c i h the land and be binding upon the rr,rikttA assigns. i by COUNTY at the expense of unty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the aftiurdable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 -- OR; 2935 PG; 1132 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) tail to comply with the said qualification criteria at any time during the fifteen (15) Year term; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be paid in full by OWNER to the COUN'T'Y within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise be in default of this Agreement, and the default is nut cured within ninety (90) days after nuriling of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the liettaatray�be foreclosed, or otherwise enforced by the COVNTi� , actin tr5t�in law ser equity including the fore losof a mortgage un re , pru*erty. The. COUN'T'Y shall be a...... entitled` tore' r all, tees nd cu. s, i irluding attorney tees, plus irtter6't Ott the,"st IN WITNESS W Impact Fees on the date and year first Witnesses: i Parties have OWNER: rc its �alculatcd on a calendar day E �A this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUN , INt .,, Samuel J. Mrso, M.D., President - 5 - OR: 2935 PG: 1133 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this _,F_ day ofI ?001 by Samuel J. Durso, M.D., Presidc!jki ia)itat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] S i gnat u reApAson TakiU Acknow�dgment Name of Aeknowledger Typed, Printed or Stamped "A, b. JEAN SMITH L,COMMMON : CC7479,54 EXPIRES AUG 01, 2002 VAN" -Uf NWAR ROMOA STATE OF Florida COUNTY OF Collier The foregoing Agrei by Thomas W. 011iff, Coun [NOTARIAL SEAL] Si Name of Approval Recommended reg Mih c, Director Housing rban Improvement COLLIER COUNTY, FLORIDA By: "THOMAS W. OLLIFF, TWY MANAGER Taking - 6 - Y is _� % _ day of �C�'rl� �LV 2. '1001 tie is personally known to me. MARY E. BECK MY COMUL IC?N 1 CCV7M 01 h 87 RRM Apd JZ >UW or Stamped Approved as to form and legs Sufti i ncy• Patrick G. White Assistant County Attorney C OR; 2935 PG; 1134 EXHIBIT "A" LEGAL DESCRIP`FION LOT 10, BLOCK A, HABITAT VILLAGE, ACCORDING TO THE PIAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT"B"' 1MI'AtT�i•.:a� AKDOWN Type of Impact Fee<�mount Owed A. Library Impact Fc.t B. Road Impact Fey � � {� � v` `1.825.00 C. Parks Impact� Fee- � � �� .. � � � � `� � � � �` 820.8 D. EMS Impact Fee k, 93.00 E. Educational Facilities �olmpact Fee 1,778.00 F. Water Impact Fee' 1,75.00 G. Sewer Impact Fee 1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED $7,698.82 - 7 - Prt� by: 1 Patrick G. White Au'L CoUler County Att'y. 3MI Tandoni Trail hast Napies, FL 34112 2894608 OR; 2935 PG; 1144 RBCORDID in OFFICIAL RICORDS of COLLIIR COUNTY, FL 12/03/2001 at 02:17PN DVIGHT B. BROCK, CLERK RIC 111 37.50 Rem HOUSING S URBAN INPROVSKINT INTIK OFFICE TO HUI This space for recording AGR[' EMEN'f FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWEIA.ING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver ,ot Ytls i� entered into this / clay of v e x " 2001, by and between Collier Coon t pufiti - I subdt`v i� % the State of Florida through its Board of County Comnli Humanity of Collier County,,"lnc "Parties." WHEREAS, Collier referred to "COUNTY," and Habitat for RECITA1 Ordinance No " collectively stated as the 1�:°itsC ollier County Consolidated Impact Fee Ordinance, as it may fie,t t ' rt,4 Pic nded frrr i,hi 7e`tu time, hereinafter collectively referred to as "Impact Fee Ordinance,` Brod Cir. waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - WHEREAS, the impact fee waiver shall he presented if) lilVd`t,ftf}f�erft�f tlit''rtuisite 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 74-201, E.I.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements, and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in cons valuable consideration, the recei the Patties covenant and agree,"aas I. RECITALS f INC ? 'I ' incorporated by iefet 2. LEGAL DESCRJ�il (the "Dwelling U►'i't 111 foregoing Recitals, and other good and _ex cncy cit ash+�hereby mutually acknowledged, [ Thttorc Ling ReLtal. are true and correct and are legal eu .ptio' of the welling unit and its site plan attached as Exhfil 7".44(fis incorporated by reference herein. u. 1 3, TERM. The term of this longer than a period of fifteen (IS) years commencing from the date the certificate of excupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and 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: u. OWNER'S household earnings will not exceed a very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 -- OR: 293 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; h. OWNER is it 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 subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact tees in the total amount of Seven "Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,698.82 ), as set firth in the attached Exhibit "B," incorporated by reference; and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER,,..I�uf,t s.)venarnts and agrees to comply with the affordable ho" am actiee w H "e�"'�JuaIIfication criteria detailed in the Impact a r#irnance. 5. SUBSEQUENT It OWNER sells the Dwelling Unit 'aIN ` r which is subjec( to �hcr i npact tete Wi a thsf quant purchaser, the Dwelling Unit shall he sola p ly 46" rsoti�66c ti OR: 2935 PG: 1147 Eight Dollars and Eighty Two Cents ($7,698.82), as set forth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable Security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except its elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, Such lien shall otherwise he superior and paramount 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 taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements after hfte�ef l �ye�tr frrxaz t dat of issuance of the certificate of occupancy, or upon pro "payment of the waive e mp'act fees, the COUNTY shall, at the expense of the COUNTYcord any necessar do"'I mentation evidencing such payment or rcic.l+e ull 9. BINDING EFFI~ '" ', h Agic ► ttynr slt l cur wi tt t }i)And and he binding upon the Parties to this Agr ►at ttt and their heirs, stt� s �r� 4K assigns. \, lU. RECORDING. Thts AgmcVvient shall be record; 6y COUNTY at the expense of u. .� Re ut Cddh.C`tiunty, Florida, within sixty (60) Guys COUNTY in the Officiaf after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall he in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said nun -compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 - OR: 2935 ' liqu 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: ! I1 tail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the„ len.-Iraay-he foreclosed, or otherwise enforced by the COUNTY"b �+�t a�'►��r}ytu! in law or ryuity including the foreedo of a mortgage on rc property. The COUNTY shall he entitled to pro �► er„ afj , fees 'and co: ts, 414icluding attorney tees, plus il�tert�� at th�l /st ttti1o[�y1r. e tk 1t`dgftt%nts calculated on a calendar day his 1 ti `p.tic : cL, c -a .�S 1N WITNESS WHIH:R he Parties have exec'utA this Agreement for Waiver of y Impact Fees on the date and year ti Witnesses: OWNER: �%'�yte HABITAT FOR HUMANITY OF Print Na e_dMe t��&104 e- COLLIER COUNTY, INC'. (:4rint Nam • t Samuel J. I14rso, M.D., President - 5 - OR: 2935 PG: 1149 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this —L day of 2001 by Samuel J. Durso, M.D., President of Habitat for Humanit of Collier County, Inc. He is personally known to me. [NOTARIAL SEALI " Sign Taking Ackno ledgment �Yri J 1 V I nte of Acknowledger Typed, Printed or Stamped P41 B. JEAN `F.!!rH arc VC0&4MI 1QN # C -2M' ;. ti(i2 a.,.r LJIEU EMPIRES AU j 01. 2 / OONDCZ)fnr,300ti fj, ADVANTAGE NO►ARY pf FLORVA STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. 011iff, [NOTARIAL SEALI Si Name of Approval Recommended Greg Mi u, Director Housi Urban Improvement COLLIER COUNTY, FLORIDA _�. By: E� (a� � 0MAS W. OLLIFF, MANAGER (i Taking - 6 - Mkt rs 3 oda of,�%rxt'1X�cc' L. 2001 y L tie is personally known to me. I � MARY E. BECK ' vV tt rat Ir(Y �AIM4SSIWV i C�C'WITISN a a "MM Mnl n. M9 . rated or Stamped Approved as to torm and I suft- •i enc 113� Patrick G. hite Assistant County Attorney OR; 2935 PG; 1150 EXHIBIT "A" LEGAL D!'SCRIP'I'ION LOT 12, BLOCK A, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PACES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 1 M PA .�i 'E. �1S -Q.,KDOWN Type of Impact Feet ;Amount Owed A. Library Impact Fee \$ 214.00 B. Road Impart Fee R ` `!,825.00 C. Parks Impact Fee:�r� i 820. D. EMS Impact Fees 03.00 �o , E. Educational Facilitieti ��d� Impact Fee �` �. , . , 1,778.00 F. Water Impact Fee a 1,275.00 G. Sewer Impact Fee 1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 oc� V1.0t) in&. D3 COCi CZiro F • 0• O' O � s le 30. -WAV 14 r� ' �n • cr - Prgmrrd by: Patrick Q White Ae'1. Collier County Ally. 3301 Tamlaml'rrall Fast Napier, Fl. 30112 2894609 OR; 2935 PG; 1152 RECORDED in OFFICIAL RECORDS of COLLIII COUNTY, FL 12/0312001 it 02:17PN DVIGBT I. BROCK, CLIRK RHC FSI 31.50 Retn: MOUSING i URBAN INPROVININT INTER OFFICE TO HUI 'this space for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLY': -FAMILY AFFORDABLE HOUSING DWELLING FOR HABI'rA'I' FOR HUMANITY, INC. This Agreement for the Waiver is entered into this Z day of 2001, by and between Collier COUrti, �ac 11c'al stibdi4v4f, f the State of Florida through its Board of County Commissiclt r` Nrc. J/ .,.. x Humanity of Collier County Inc hereina "Parties." $ 5 4 @ r referred to'jis "COUNTY," and Habitat for WHEREAS, Collier 0�d*! Ordinance No. to"LLL .OWNER," collectively stated as the S 3 ig Collier County Consolidated Impact Fee Ordinance, as it may eJ,004wr amended frovo, i tit °'sto time, hereinafter collectively referred to as Impact Fee Ordinante,VA �rwaivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of inipact 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - l - OR; 2935 PG; 1153 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 fec waiver; and WHEREAS, pursuant to Section 74-201, E. Lb. of the Impact Fee: Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in Support of creating Affordable lfousing; and, WHEREAS, the Impact Fee Ordinance rcgttireS that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE. in conside valuable consideration, the recei the Parties covenant and agree,ds foJ,1'6ws: .��. 1. RECITALS INC0RP,6Ra 'IT incorporated by (efer n& h6—i ' Y 2. LEGAL DESCRI� h� the foregoing Recitals, and other good and int Vis hereby mutually acknowledged, are true and correct and are ioliz-oft"elling unit and its site plan (the "Dwelling U44('\' his attached as Exl+ 'A "; d is incorporated by reference herein. 3. TERM. The term of this r& tio longer than a period of fifteen (I S) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 Ordinance, and the OWNER'S monthly - 2 - OR: 2935 PG: 114 payments to purchase and pay for 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 subsequent owner,, d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance: owes impact Pecs in the total .urtount of Seven Thousand Six Elundred Ninety -Eight Dollars and Eighty Two Cents ($7,698.82), as set forth in the attached Exhibit "B," incorporated by reference. and C. In return for the COUNTY'S waiver of the impact fees otherwise Owed by OWNER, OWNER further"",covenants and agrees to comply with the affordable tutiSuualiticatiun criteria detailed in the Impact Fec,"Ordinance. S. SUBSEQUENT J RA'NS��REPAYMFP '1 It W IER sells the Dwelling Unit which is subject to,if`he in ac % 1*0c i ,,.equent purchaser, the Dwelling 4 t Y A y�' Unit shall be colt tttst rs�� tut°hold,ttetl� the waiver qualifying criteria set forth in the Irup Fee Ordinance. fn�,,the vase: 1 dale or transfer by gift of the .. Dwelling Unit, the c �igrt a OWNER shall renr" ,able tier the impact fees waived � xu, �Ak until said impact fees aL* 1 f tesconditions set forth in the Impact Fee Ordinance and this Agreement are. satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to he utilized for that purpose during such period, the full amount of the waived impact fees shall be 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 Seven Thousand Six Hundred Ninety- - 3 - OR; 2935 FG; 1155 Eight Dollars and Eighty Two Cents (`a7,698.82), as set firth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the C'OUNT'Y and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUN'T'Y, then all of the COUNTY'S lien rights and interests arising under this Agreement are to he 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 he superior and paramount 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 taxes. 8. RELEASE OF LIEN. Upon aw_satisfactory completion of this Agreement's requirements after frftecti (S ar ni tii due of issuance of the certificate of O occupancy, or a +t, � ae �a ment of, the wai�c gun ct fees, the COUNTY shall, at P' Y• Ix � { I Y ''� the expense of tic any 66ccessa do untentation evidencing such r payment or release (I ten. 9. BINDING EFFE C A*M�Ag ' llemk ru, i,w th ihejand and be binding upon the Parties to this Agi6eijivnt and their heirs s unit ssors t assigns. u.r a 10. RECORDING. ThtS t Bement shall he recar,c lsk y COUNTY at the expense of COUNTY in the Ottrciul Rc t o IA, r GAiunty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing cif written notice of said non-compliance, or h. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (I5) days after mailing of written notice of the violation. - 4 - OR; 2935 PG; 1156 12. REMEDIES. The following remedies are cumulative with any ether right or remedy available to the COUNTY: a. Should the OWNER of the property: (I) fail to comply with the said qualification criteria at any time during the fifteen (15) year term', or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the lien may he foreclosed, or otherwise enforced by the COUNTY --by Ori rti�tlor t r. �o forec1, fit a mortgage on emilcd to'er att°ter v R �nierct a4ttli xt:iCUtoi"y{tot'i IN WITNESS WHER ` 31N'\)he Parties have e Impact Fees on the date and year ftrs4tnu Witnesses: Print Orint [',IIAP L in law or equity including the . The COUNTY shall be cos, `trcluding attorney fees, plus OWNER: S calculated on a calendar day t� tio,41iis Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUN Y, INS;,. J- 'Samuel J. Oursu, M.D., President -- 5 - OR: 2935 PG: 1157 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this day of 2001 by Samuel J. Durso, M.D., President of Habi �t for Humanity of Coll er County, Inc. He is personally known to rne. (NOTARIAL SEAL.) 'Signature�f'�Perl qn Taking Ackno", 5 �/ /1 of Acknowledger Typed, Printed or Stamped JEAN S,4!'TN hCO�•1MMIOr4 ► CC7a�,�� f VIRES AUG OI, 2(X2 Or V%'� A0VAN1AGE NOTAKr of FLQRQA STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. Ol I i ff, (NOTARIAL SEAL) Si Name of Approval Recommended Greg Mih c, Director Housing Urban Improvement Taking COLLIER COUNTY, FLORIDA By: -THOMAS W. OLLIFF, C TY MANAGER - 6 - !rie is personally known to me. Y'F Irr MARY E. BECK tent AMY COMMISStONV t cc,7nu ren exrrr�s: APW 2, AM or Stamped Approved as to form and al suf 'en y: Patrick G. White Assistant County Attorney OR: 2935 PG: 1158 EXHIBIT `•A" LEGAL DESCRIP77ON LOT 13, BLOCK A, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PIAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THEA: PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED $7,698.82 - 7 - IMPA `KUOWN �)v Type of Impact Fee Amount Owed A. Library Impact Fee mm$ 214.00 B. Rood Impact Fee ` 1,825.00 -7 C. Parks Impart Fee k xJil 820.84 D. EMS Impact Fee ` 4 93.00 E. Educational Facilities'Impact Fee ` 1,778.00 F. Water Impact Fee M 1,275,00 G. Sewer Impact Fee 1,575.(X) H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED $7,698.82 - 7 - ow oC-0 '7. ho 0*4 ,. Cl) /P.ti /A J a_ r, -,o 30• `�1�DE qp�rnn Ftj y ti. • Prepared by: Patrick G. Whitt Am% Collier Cuwdy Att'y. 33 1 Tonaw i 'rrrll t act Napim F1.34112 2894612 OR: 2936 PG: 1116 RECORDED In MICIAL RECORDS of COLLIER COUNTY, [L 12/03/2001 at 02:17M DNIGHT E. BROCK, CLERK RIC PBI 37.50 Rem HOUSING i URBAN IMPROVEMENT INTER MICE TO HUI Thk ,pare rur recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver krfrcln 2001, by and between Collier Cou6i' ai,poiittc . er Board of County Commissipners- 'yj rcimkftei Humanity of Collier County lnc hereIIa t r, ..Parties." d is entered into this Zday of��'�~� the State of Florida through its referred to\as 'COUNTY," and Habitat for WHEREAS, Collier 67,6,0v Ordinance No. NER," collectively stated as the Y � l q 1'i 13,(--" fees='ollier County Consolidated Impact Fee Ordinance, as it may*#th r amended front ,liNul to time, hereinafter collectively referred to as "Impact Fee Ordinance' irnicc hir waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and — 1 — OR: 2935 PG: 1177 WHEREAS, the impact 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 74-201, E.I.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in suplx)rt of* creating Affordable Housing: and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE. in consi valuable consideration, the recei the Parties covenant and agree; s lbows: 1. RECITALS incorporated by refer ,fico he''6i oaf-0iie foregoing Recitals, and other good and C( ) �y r�fi ti<lfc# hereby mutually acknowledged 2. LEGAL DESCRW —,IY' 'he°'i - a`f st (the "Dwelling Urfrr's attached as Ex herein. 3. TERM. The term of this A, e�ln of k Rccltals\,are true and correct and are iorIhc�4,elling unit and its site plan incorporated by reference r than a period of fifteen (I5) years commencing from the date the certificate of Oxcupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and 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 Ordinance, and the OWNER'S monthly - 2 - OR: 2935 PG: 117T� payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance-, b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the terns of the Agreement remain, ►he homestead of the OWNER or any subsequent owner, d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total ,amount of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty T%%o Cents ($7,698.82), as set forth in the attached Exhibit "B," incorporated by reference. and C. In return for the COUNTY'S waiver Of the impact fees otherwise owed by OWNER, and agrees to rolmply with the ,ar affordable �i�W g7nlpact criteria detailed in the Impact Fee 5. SUBSEQUENT .TRAISFE�K ,w�l'AYME.I It (WNE:R sells the Dwelling Unit la which is suhjec to hal im le tcc a c -V ioX . Ib� -quent purchaser, tilt Dwelling '� ` 9. Unit shall be sole `� ), 6 pc,rsons Or house4lolds'imeeftt Che: waiver qualifying criteria set forth in the Inipdet." ce Ordinance. In ffic le or transfer by gift of' the Dwelling Unit, the or t'.4t,-OW N E R shaI1, i- fir the impact fres waived until said impact fees are patd i ftfl tarttllthc conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impart Fee Ordinance during the term of this Agreement, and it' the Dwelling Unit ceases to he utilized for that purpose during such period, the full amount of the waived impact fees shall be 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 a111U1111t Of Seve11 Thuusanet Six Hundred Ninety- - 3 - OR: 2935 PG: 1179 • Eight Dollars and Eiighty Two Cents CS7.698.82), as set forth in attached Exhibit "B." 'Phis lien may tx foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a Suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to he 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 he Superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien Shall he on parity with any lien for County taxes. 8. RELEASE: OF LIEN. Upon satisfactory completion of this Agreement's requirements after fifteelvj at ` 6t)i*,,dAte of issuance of the certificate of occupancy, or upon l)rr`i otyment of the waive'' ittjSakt fees, the COUNTY shall, at the expense ofthe,�C Ok1N ,Y, r «� .rrty � eSSa�do c�mientation evidencing such " r payment or release of jtx r r r 9. BINDING EFHE(' ii,,gcunch.ik,►t rY►n6 thead and be binding upon the Parties to this Agr&,*10jt and their heirs, SUS ISso S, artoF,t signs. 10. RECORDING. This� kr ment shall he recur cd b� COUNTY at the expense of COUNTY in the Official to s h c 1 it t' �rtirtty, Florida, within Sixty (60) days after execution of this Agreement by tfw— Unty Manager. 1 I . DEFAULT. OWNER shall be in default of* this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (1,5) days after mailing of written notice of tt►e violation. - 4 - OR: 2935 PG; 1180 • 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: it. Should the OWNER of the property: (1) tail to comply with the said qualification criteria at any time during the fifteen (15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notitication of said violation. h. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY -: OR; 2935 PG; 1181 STATE OF Florida COUNTY OF Col lier• The foregoing Agreement was acknowledged before me this � day ofA' its[ ,�X2001 by Samuel J. Durso, M.D., President of abitat for Humanity of Collier County, Inc. tie is personally known to me. [NOTARIAL SEAL] Signawfe Of Pers m Takin , Acki •dgment Name of Acknow ledger Typed, Printed or Stamped <. *..,rn� tP.,11 :^ICS ; a C : , .. •l STATE OF Florida COUNTY OF Collier The foregoing Agree by Thomas W. 011ift', Count [NOTARIAL SEAL] Sig Name of Approval Recommended W Pe Greg i lic, Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA 13y: LIROMAS W. OLLIFF, TY MANAGER ------ R` Lda, nwc cg�l,hctot� t a thtt_ y of _(/Yi i ?001 E t h.tl.l c t Iii CC I;JTY, Fle is personally known to me. ARY E. BECK TakingA� � vlcti t nt WYCOMMIS.17oWICr'n%1SU a n EJ(YIRES: April 4 :AMM rCy'i,wPriited or Stamped - 6 - Approved as to form and gal su -cien y: Patrick G. White Assistant County Attorney OR: 2935 PG: 1182 EXHIBIT "A" LEGAL DESCRIPTION LOT 16, BLOCK A, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED $7,698.82 - 7 - IMPAC` 13EA, KDOWN of Impact Fee Punt J �A!,T �' �y Owed ,moType A. Library Impact Fee"` oma. 214.00 B. Road Impact Fee m µ {n\ 1;2325.00 C. Parks Impact Fee x,1,2320.234 D. EMS Impact Fee: ,�. w. ---,V 93,(x) 44 v E. Educational Facilities S Ste,,m, Impact Fee 1,7723.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee 1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED $7,698.82 - 7 - v98044 o• s• .0001, ca n a, o cn * "1 0 %% ma4404 o t co �t� o .o o. -� 41*2 0.0 coo lb N BCD W. IA ' �• lk u.. 3 2935 PG; 1183 V , hv"rtd by Patrick G. Wbik An't. Collkr County Atl'y. 3XI Tantiand Trail Past Naples, Fl. 34112 2894613 OR: 2935 PG: 1184 RECORDED in OFFICIAL RECORDS COLLIIR COUNTY, FL 12/01/2001 at 02:17FN DWIGHT B. BROCK, CLERK RIC FII 37.50 Retn: HOUSING i URBAN INFROVININT INTIK OFFICI TO HUI Thl. space fur recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING I)WELIANG FOR HABITAT FOR Ht1MANITY, INC. CJ ,� This Agreement tier the Waiver# tl�at��c entered into this / clay of Zoe 2001, by and between Collier Cou1N litle.al^suhc iV4'ait"iy t the State of Florida through its Board of County Commissipine Humanity of Collier C'ountylne a s a "Parties." alp WHEREAS, Collier referred to ,s "COUNTY," and Habitat for EIS," collectively stated as the RECITAL ., A Ordinance No 2( V i tc Collier County Consolidated Impact Fee Ordinance, as it may Aer►nended frc4r%ta to time, hereinafter collectively s :. referred to as Impact Fee Ord inance�:,,proaldt.s ..fur waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - OR: 2935 PG: 1185 WHEREAS, the impact fee waiver shall he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver: and WHEREAS, pursuant to Section 74-201, E.l.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements: and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable housing: and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW. THEREYORE, in consideration of the foregoing Recitals, and other gocxl and valuable consideration. the receipt a!u trf r' `ft is hereby mutually acknowledged. the Parties covenant and agree asfc )`(i s 1. RECITALS IN incorporated by refe 2. LEGAL. DI.SCRI (the "Dwelling U herein. A e�fonT0!pg ReLN talc\are true and correct and are Ittt.'Jl., � �{� �Ya � �y` i , I ��, T ie hl l c c pti)1V\J)fJhC1dW lling unit and its site plan \?.. Lr'. i Fx attached as Exhibi At .}t�� incorporated by reference 3. TERM. The term of t ger than a period of fifteen (15) years commencing from the date Ilie--certificate of occupancy is issued for the Dwelling knit during which the Dwelling Unit shall remain as affordable housing and shall he offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. 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 Ordinance, and the OWNER'S monthly - 2 - OR; 2935 PG; 1186 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance, b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subse(luent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact tees in the total amount of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,698.80, as set forth in the attached Exhibit "B," incorporated by reference; and C. In return for the COUNTY'S waiver 01'(11C impart tees otherwise owed by OWNER, OWNER further covenants and agrees to comply with the affordable twin'ntii� �ii� ryltalit7ration criteria detailed in the ON Impact F cit )r .ance. 5. SUBSEQUENT TkAI Srb `AEYAYMk N It�wIN'4:R sells the Dwelling Unit which is subject Ito the fin*6t t °teit wa)v t to r sc lue tt purchaser, the Dwelling Unit shall be soldor%�y�sc�a�rfi��aulds-aetin t -'e waiver Llualitying criteria set forth in the Im cc Ordinance. Ln cle or transfer by gift of the v Dwelling Unit, the or",`irtai OWNER shill ienlati i- e for the impact tees waived '_J until said impact tees are p td n`t r f tr rel t#f tunditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing us defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact tees shall be 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 tees shall constitute and he a lien on the Dwelling Unit in the anunutt of Seven Thousand Six Hundred Ninety- - 3 — OR: 2935 PG: 1181 Eight Dollars and Eighty Two Cents (y7,698.82), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the C'OUNTY's lien rights and interests arising under this Agreement are to he considered junior, interior, 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 paramount 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 taxes. 8. RELEASE OF LIEN. Upon-sattstu tory completion of this Agreement's requirements after t►ftc i ars rmvullie;-Olatc of issuance of the ce►titicate of occupancy, or upot;t pr��f payment of the waive imp ct fees, the C'OUNTlshall, at the expense of the COUNTY ccs d any 11 cssary do umentation evidencing such , payment or release cit lien Y i Ek 9. BINDING F.FF� �'s Agreeflien�� 1 h , and and he binding, upon the Parties to this Agrt,4iie�t and their heir., sulk s,or t d assigns. gpi t►c! 10. RECORDING. 1'ht�pent shall be rca"by COUNTY at the expense of, COUNTY in the Official iteor r µ�-OeT�Wnty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11, DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 - OR; 2935 PG; 1188 12. REMEDIES. The following remedies are cumulative with any ether right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise he in default of this Agreement, and the detuult is not cured within ninety (,x)) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition the Iigiv amay foreclosed, or otherwise enforced by the C0LJNTY` y �� at�tron f..t tt+ � .in law or equity including the fore us C of a mortgage on rea property. The COUNTY shall he en kilt torec yr valla tee. ►d cos ,including attorney fees, plus tntere IN WITNESS WHE Impact Fees on the date and year first Witnesses: .' Pfint - ' a R ,i, KIKYN Parties have OWNER: eats calculated on a calendar day { E this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Samuel J. furso, M.D., President - 5 - OR: 2935 PG: 1189 STATE OF Florida COUN'rY OF Collier The foregoing Agreement was acknowledged before me this day of ?OUI by Samuel J. Durso, M.D., Presidelit �f�abitat for HUIPUni y of Collier County, Inc. He is personally known to me. �� [NOTARIAL SEAL) Signatu Pers 1'I'aking Acknowledrat ge • !;--0z? L Name of Acknowledger Typed, Printed or Stamped 11, 4,1 JTC v 1 ��. F-� fii:lJf.�.iP .j['v.... viY C:r •"i� STATE OF Florida COUNTY OF Collier The foregoing Agre, by Thomas W. 011iff, Coun (NOTARIAL SEAL) Sign Name of Approval Recommended z4z��- Greg Mi c, Director Housing & Urban Improvement COLLIER COUNTY. FLORIDA By: NOMAS W. OLLIFF, MANAGER Taking - 6 -- ,-) t _ day of� t ilk, . 2001 is nr,:c�eltally known to me. MARY E. BECK MY ('0MM1W0N i (Y, qznU EXPIRES AW _4 Mg rated or Stamped proved as to form and eg 1 sufti i c Patrick G. While Assistant County Attorney OR; 2935 PG; 1190 EXHIBIT "A" LEGAL DESC'Rll''I'IUN LOT 17, BLOCK A, HABITAT VILLACE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PA(;;,S 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED $7,698.82 - 7 - IMPACT F . SKI Type of Impact Fee` mount Owed A. Library Impact Fee �� \$ 214.(X) B. Road Impact Fec P �, 1825.(X) Jf C. Parks Impact Fee:1 1820.84 D. EMS Impact Fee v E. Educational Facilitiesti Imsr pact act Fee1,778.(X) s F. Water Impact Fee �°� 1,275.0) G. Sewer Impact Fee 1,575.(x) H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED $7,698.82 - 7 - ' 000 O 98.44' 920• •,a -fl -do o AA I I r� 0000 •�s. 0( 2935 PG. 1191 444 y a � 2935 PG. 1191 444 hv"by: 2894453 OR: 2935 PG: 0386 Patrid G. %Wit RECORDED In OFFICIAL RICORDS of COLLIIR COUNTY, FL AU't,Collier County All'y. 1:/03/2001 at 01::5PM DWIGHT I. BROCI, CLIRI 3301 Tamiaml Trail Fast RIC FII 37.50 Napim FI.34112 R e t n : HOUSING & URBAN IMFROYIXIXT !N71R OFFICE TO HE rhh space rur recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver is entered into this day orAo gew 2elve- " C," ', I 2001, by and between Collier Councal suFidtt� cat' the State of Florida through its Board of County Commissiorier�, 'h Cci , „Iter referred to , ''COUNTY," and Habitat for Humanity of Collier County,a ne ,, here r "Parties." € � k WHEREAS, Collier Ctrs Ordinance No. o s OWNER," collectively stated as the I A Collier County Consolidated „ tP Impact Fee Ordinance, as it may 10hcr amended t'rumrac*°'to time, hereinafter collectively referred to as "Impact Fee Ordinaner, 4l aivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - WHEREAS, the impact fee waiver shall tx: 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 74-201, E.l.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in suplxfrt of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, 'THERE FORE, in cunsr�er�trr��r �rt��J valuable consideration, the rcceipf j Men01 the Parties covenant and agree/4s turf ow --111 RECITALS INCORPO' RA"I EI ;� I h4 fore e incorporated by refernde h4ei t I Ek ,.,' h 2. LEGAL DESCRJP47k `:" The icgaI dcti (the "Dwelling Ui 141 attached as Ex herein.' 3. TERM. The term of this Agreerfie64,�, Foregoing Recitals, and other good and hereby mutually acknowledged, nk Re6tal,�',, are true and correct and are iun�u th"N'elling unit and its site plan A,``,d° is incorporated by reference tar °11u longer than a period of fifteen (I S) years commencing from the date the certificate of* occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall he offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRAN'rtES. 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 Ordinance, and the OWNER'S monthly 2 - payments to purchase and pity for the Dwelling Unit will remain within the affordable housing guidelines established in the Impart Fee Ordinance; h. OWNER is it 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 subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fere Ordinance owes impart fees in the total unux►nt of Seven Thousand Six HUndred Ninety -Light Dollars and Eighty Two Cents ($7,698.80, as set forth in the attached Exhibit "B," incorporated by reference; and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER„turthc acwc Hunts and agrees to comply with the affordable he wn : eta pae v r e ualification criteria detailed in the ImpactFee i S. SUBSEQUENT TRANS t° which is suhjeC� to .the c, i Unit shall be sold',o tai %1. Z set firth in the InitF Dwelling Unit, the 10 r until said impart fees are inance. FtEPAY MEMT. If mnact> ILC wa► R sells the Dwelling Unit t purchaser, the Dwelling rsbrt� )f h' a �oldsN ttr�,tthe waiver qualifying criteria Ordinance. h� ��ast, sale or transfer by gift of the .OWNER shall re�m.rijable for the impact fees waived m � . 4itij 1 pr'; ►itions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately 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 impart fees shall constitute and be a lien on the Dwelling Unit in the anwunt of Seven 'Thousand Six Hundred Ninety - - 3 - Eight Dollars and Eighty Two Cents ($7,698.82), as set forth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUN'T'Y and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, interior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall he on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon --satisfactory completion of this Agreement's � {� requirements after fiftepri(I A, � s,r� t �e of issuance of the certificate ut S occupancy, or upon=pri ar - i nt of the waive( nip t fees, the COUNTY shall, at the expense of the t payment or release v N. BINDING EFFE'"f Parties to this Agree, 10. RECORDING. Thi 0UNTY�° cord any nei ,r I 5 t,4-411 ru tib?. i it and their heirs, si, COUNTY in the Official °Re shall he mentation evidencing such d and be binding upon the 4,a��$assigns. ,'y COUNTY at the expense of y, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement it': a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pity the impact tees due within thirty (30) days of mailing of written notice of said nun -compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for it period of fifteen (15) days atter mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are cunuilative with any other right or remedy available to the COUNTY: a.Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year terns; or (2) violate any provisions of this Agreement, then the dollar anwunt of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the lien—may be foreclo%ed, or otherwise enforced by the t COUNTY,"", y �th_c �)► .`ud in law or equity including the ON f orec )s r�Y of a mortgage on rea rorty. The COUNTY shall be ell 'led," �cY�w r alt fees and cus s, including attorney fees, plus interesf a(? the�st, utor Faso)lfqfljdgt ell s calculi ted on a calendar day �j hasls.e,ur p'at ?µ,. SCD IN WITNESS WHERi`64"the Parties have excc.ut6 this Agreement for Waiver of v Impact Fees on the date and year first !inga-tt(�r� .. 0 w Witnesses: OWNER: `a 0 HABITAT FOR HUMANITY OF Print Na ehe (tv I K P"ne_ COLLIER COUNTY, INC, riot Nam B•� �•r!�� `�—,•' _ Samuel J. Ehirso, M.D., President 5 - OR; 2935 PG; 0391 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this .�_ day of jrj�dj..w,�,,,2001 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. n [NOTARIAL. SEAL) Sign arae of Acknowledger Typed, Printed or Stamped STATE OF Florida COUNTY OF Collier The foregoing Agreegien by Thomas W. 011iff, County M [NOTARIAL SEAL] Si Name of Ac Approval Recommended ��'ezz� eg Ah. 6.106'.' -rj,, t o- r Housing & rhan Improvement COLLIER COUNTY, FLORIDA By: �! - THOMAS W. OLLIFF, Y MANAGER of�{��r lie is personal yl known to me. ,..� MAAY E. BECK Taking Acs �wled t"C"Int mtmmmimon.cc9mm - 6 - or Stamped Approved as to firm and al soft. 'ency: Patrick G. White Assistant County Attorney EXHIBIT "A" LEGAL DESCRIPTION LOT 18, BLOCK A, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PIAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" IMPACT 'FK" RJAKDOWN ex Type of Impact Fee Amount Owed A. Library Impact Fee 214.00 B. Road Impact Fee = `1,825.00 he C. Parks Impact Fee Y ` 870 .84 i O D. EMS Impact Fee y 93.00 E. Educational Facilities i impact Fee '' 1,778.0 w F. Water Impact Fee °� R� 1,275.00 c�+ G. Sewer Impact Fee 1,575.00 0 H. Correctional Facilities Impact Fee 117.98 N TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 Ole • 000, 9200 920• ol �' • 0 41 3 I 'A� 1 rrep�rod by. Patrick G. White An't. Collier County Ally. 3301 Tandami Trail hast Napim Irl. 34112 2894454 OR: 2935 PG: 0394 RECORDID in OPPICIAL RICORDS Of COLLIIIR COUNTY, rL 12/03/2001 at 01:25PM DWIGHT H. BROCK, CLERK RHC PBI 37.50 Retn: HOUSING 6 URBAN IMPROVININT :NT31 CPFICB TC HE chis space for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. 9 This Agreement for the Waiver ofyy��cf %crs� entered into this day of _ 2001, by and between Collier Coun 5 political the State of Florida through its Board of County Commissiofiers,'icrcyi4aa4er referred to'Is "COUNTY," and Habitat for Humanity of Collier County .Incc'C i>tatt ri tc iecl ��ia c �,NE ," collectively stated as the 17 „Parties." Y 1 L WHEREAS, Collier Cit 6ty, Ordinance No. 2(1 I'3, tt c t'sillier County Consolidated Impact Fee Ordinance, as it mayvb lo& iter amended t r"t r%e�tu time, hereinafter collectively .. referred to as "Impact Fee Ordinanceos-ttir waivers 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 designee, has reviewed the OWNER'S application and has fixind that it complies with the requirements fir an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - 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 tee waiver; and WHEREAS, pursuant to Section 74-201, E.I.h. of the Impact Fee Ordinance, as codified in the County's Cyte of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees tier OWNER in support of creating Affordable Housing; arid, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration --of the foregoing Recitals, and other good and valuable consideration, the receipt,,,, ra u1« t itrn iat *i JO -Js hereby mutually acknowledged, ON the Parties covenant and agree �s ows: 1. RECITALS INCORP, RA , The,ptoreg�i ng Re'�italti are true and correct and are incorporated by r lc.r ince` ha it a ,i i i . 5 E 2. LEGAL DESCR�P 1(} I I l� ti'd c aptrot icy lu I elling unit and its site plan a (the "Dwelling Ur'rts attached as Exhr* A „rarer is incorporated by reference herein. 3. TERM. The term of t ILnger than a period of fifteen (IS) years commencing from the date the certificate of occupancy is issued for the o w Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and es 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. Ordinance, and the OWNER'S monthly __ 2 - payments to purchase and pay fir the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. 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 Subse(luent owner, d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact ties in the total amount of Seven Thousand Six Hundred Ninety -Fright Dollars and t'ighty T%%0 Cents ($7,608.82), as set forth in the attached Exhibit "B," incorporated by reference; and V. In return for the COUNTY'S waiver of the impact ties otherwise owed by OWNER. OWNER furdaer. rovenantS and agrees to comply with the affordable h>ttntxac�efu.uliticatiun criteria detailed in the ON Impact Fee clinance. 5. SUBSEQUENT fRANSVt1 W I'PAYh1LNTT If )WNER sells the Dwelling Unit w e which is suhjcq=Ato them04ct to «*gym v �� ►v�a��i t�s�yucnt purchaser, the Dwelling A ¢n, la { i Unit shall he solc�ortly�rs%a�rr�tctr+,hul�ls� tn�►e waiver qualifying criteria ti$!" set forth in the InFee Ordinance !n cPscr dale or transfer by gift of the Dwelling Unit, the or` ► a 1 OWNER shall rctn'0'0i4ble for the impact fees waived 1 ell, 11' until said impact tees are p �i t tl r i� lice renditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement, and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact tees shall be 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 i►npact fees shall constitute and be a lien on the Dwelling Unit in the amount of Seen Thousand Six hundred Ninet�- - 3 - Eight Dollars and k:ighty Two Cents (y7,698.82), as set forth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the morgagor, the COUNTY and OWNER agree that by, and in consideration of it suitable security collateral being provided by the OWNER to the COUNTY, then all of the C'OLINTY'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 paramount 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 fir County taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements after fifteeta (t 5 � � Al 2Va�tc of issuance of the certificate of occupancy, or upon the expense of the payment or relealae o 9. BINDING EFFF� Parties to this Agre i 10. RECORDING. Thi COUNTY in the Of �t fit -fit of the, waiv 11 l Y rewrd i►n nec R =- 1; 1 ;j t and their heirs, tiW' nt shall be t fees, the COUNTY shall, at ssar�, documentation evidencing such and be binding upon the COUNTY at the expense of ty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall he in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (0) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for it period of fifteen (IS) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are Cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) tail to Comply with the said qualification criteria at any time during the tifteen (15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUN'T'Y within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days after mauling of written notice to the OWNER, then the COUN'T'Y may bring civil action to enforce the Agreement. c. In addition, the lien -may be foreclosed, or otherwise enforced by the COUNTY"`` y tfta �tctrc rr c(r .. trrl in law or equity including the forec,Rbs tr of a mortgage on realypro rty. The COUNTY shall be ent tletfl` to iniere4f alt Coss, including attorney fees, plus IN WITNESS WHER >i�, °tN Parties have Impact Fees on the date and year first "4bq0 yrttn4 Witnesses: Prent `/ + 0J6&&mLr1_ — krit N RC 16AWa X1'N ulated on a calendar day Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUtiTY, Ilya Samuel J.1Surso, NI.D., President - 5 - OR; 2935 PG; 0399 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this day of ?001 by Samuel J. Durso, M.D., Presider a i t for Humanity of Col Zr—county, Inc. He is personally known to me. [NOTARIAL SEAL) Signatur$Ayersoq Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped COLLIER COUNTY, FLORIDA Hy:_ =v T HOMA LLIFF, COU ANAGER STATE OF Florida _ COUNTY OF Collier The foregoing by Thomas W. OI 1 i ff, [NOTARIAL SEAL] yen M� Si Name of Approval Recommended Greg M ic, Director Housing & Urban Improvement Taking - 6 - th s,�s day ot% 1)t &C `.2001 1. H is�c rsonallyknown to me. WARY E. BECK -MY COMM03 t n' V2T75tl g e nt >a "PINK- AVW 2Z 2M or Stamped Approved as to form and e I suit- n ncy: Patrick G. W ite Assistant County Attorney EXHIBIT "'A" LEGAL DESCRIPTION LOT 19, BLOCK A, HABI'T'AT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PIAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A. B. C. D. E. F. G. H. EXHIBIT "B" ' E IX)WIN Type of Impact Fee . °e = ,,,Amount Owed t a Library Impact Fee- � ? 1-1.00 Road Impart Fee '$ Road 1,825.00 Parks Impact Fey q' �� 2 E 87 0.81 0 EMS Impact Fee � ` 00 c. Educational Fucilities'sty? Impact Fee vi 1,778.00 �n cr+ Water Impact Fee 1,275.00 s ., • - Sewer Impact Fee 1,5750) 0 Correctional Facilities Impact Fee 117.98 0 TOTAL IMPACT FEES WAIVED -- 7 - $7,698.82 o�3 SOU" 08 "28"'1► 153.44' n d$O % 2 "1�98,44"� s (bi P=3 W rCOO too - N %# M 00 �w - d N CA x.13 o NbVOG @28 ME c o CTJ ,`; , f e W N°� ��_ �► (1 CA sa . glib Oise bItrY tin4000 Z� 0 fi,�txt 118 f 9' COAD At sr `P • preparW by: Patrick G. wbltt An't. Collkr County A1l'y. 3.M1 Tankaml Tall East Napim FL 34112 2894451 OR; 2935 PG; 0418 RBCORDBD in OFFICIAL RECORDS of COLLIIR COUNTT, FL 12;0312001 at 01:25PN OYIGHT E. BROCK, CLIRK RIC FII 37.50 Rein: HOUSING 6 URBAN INPROVININT INTER OFFICB TO H11I This speer ror rtcordinit AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. 'Z Waiv �ccl"ht is entered into this / day of � b This Agreement for the 2001, by and between Collier Cru, a political subdt�wr��itthe State of Florida through its Board of County Conutti Humanity of Collier Count "Parties." WHEREAS, Collier nets, Inez ,ektmit>vaf " refs ,� ' RECIT fermred tins ' COUNTY," and Habitat for Ordinance No. 2 NSR," collectively stated as the 3a' Collier County Consolidated Impact Fee Ordinance, as it mayfurtr 4tmendt.d ffun tete to time, hereinafter collectively sr,�a referred to as "Impact Fee Ordinance;' pr6V,�.s for waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - WHEREAS, the impact 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 74-201, E.l.b. of the: Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support ofcreating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in considerat valuable consideration, the recei the Patties covenant and agree as ftp#;lows: I. RECITALS INCOYRPORAM incorporated by refer 'hck° 2. LEGAL DESCRk6,4�,, hist (the "Dwelling Um(,,)Js attached as herein. 3. TERM. The term of this,,Agr�oimeri of the foregoing Recitals, and other good and -!o 1,a f i taJs hereby mutually acknowledged, ng R&6tals are true and correct and are ptio.r tht oFvelling unit and its site plan �a%d '►s incorporated by reference :itlunger than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 Ordinance, and the OWNER'S monthly 2 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER orally subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,698.82). as set forth in the attached Exhibit -B,- incorlxwratcd by reference, and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER. OWNER further,covenants and agrees to comply with the affordable ho � a�t �tyv r, ualification criteria detailed in the Impact Fee 6k ,' ince. 5. SUBSEQUENT 'TkAIx4kR 1REPAYMI~`NT. It' t WN`E:R sells the Dwelling Unit which is subject ilio the ijnpA6 e� Nkpi Vel r c''ucht purchaser, the Dwelling ` .I Unit shall be sold sq rc ti waiver qualifying criteria set forth in the trace Ordinance. In c.0 rle or transfer by gift of the ,a t Dwelling Unit, the o `irta DWNER shall rcntrrt ,fhle for the impact fees waived K until said impact fees are ph u10 th conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The. Dwelling Unit must be utilized for affordable housing as defined in the Impact F-ee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately 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 Scvcn 'Thousand Six Hundred Ninety - - 3 - Eight Dollars and Eighty Two Cents ($7,608.82), as set forth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to he 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 paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall he on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upo�n....w...satfslictory completion of this Agreement's requirements after fittcf n l # firritu!!Id c 1t • of issuance of the certificate of occupancy, or upon= ori r payment of the wMvcil ii»p t fees, the COUNTY shall, at the expense of t payment or re 9. BINDING EF Parties to this CC)UNTY``mcord any n 6,cessar ottificii V1, [' �s`�Agi"icyfit�� runtt :. t ht and their heirs, sue ss rs 10. RECORDING. This' ` greement shall he COUNTY in the Official cr o3t Cti1 mentation evidencing such and be binding upon the ,assigns. COUNTY at the expense of nty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall he in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or h. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are Cunuilative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) tail to Comply with the said qualification criteria at any time during the fifteen (15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the liea-aiaybe foreclosed, or otherwise enforced by the COUNTY,h'. actrot� r ,t��ui in law or equity including the toreclosrc'°°cif a mortgage un rc.a°f prorty. The COUNTY shall he entitled` to 16 r 41I fees and eoti eluding attorney fees, plus R rn�ere jt a(g th ,&'( euttory (`at if �ti iients calculated on a Calendar day S Y A E Ek X IN WITNESS WHER � k, e Parties have exc ted/this Agreement for Waiver of c` u, Impact Fees on the date and year first ttLrn b 0 Witnesses: OWNER:PDko N N lHABITAT FOR HUMANITY OF Print Nanfe 0-1f e_!'U l /% /t'iltl one, COLLIER COUNTY, INC. Print ljg� Nam B Sanniel J. Urso, M.D., President - 5 - OR: 2935 PG: 0423 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this day of , 2001 by Samuel J. Durso, M.D., President of Hilhitat for Humanityc�f Collier C aunty, Inc. He is personally known to me. /;� [NOTARIAL SEAL] Signature Per on Taking c nowledgn •nt Name of Acknowledger Typed, Printed or Stamped COLLIER COUNTY, FLORIDA STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. 011iff, [NOTARIAL SEAL) Si Name of By: � v 14",, TIOMAS W. OLLIFF, C T MANAGER Y I a as k1 ovNlc i e he � c�� t is � : day of �/X t' E g- ,Y or firtht o ',the C G ty" He is personally known to me. ' x MARY E. BECK ?f P son Taking A'Uji(iwft rent MYOOMMLW0N#CC% M �'M n EXPIRn. Apt 27, am Approval Recommended Greg Mo lic, Director Housing & Urban Improvement - 6 - nted or Stamped Approved as to form and I suit Patrick G. White Assistant County Attorney EXHIBI'll "A" LEGAL DESCRIP'I'lON LOT 22, BLOCK A, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PIAT K(K)K 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" - 7 - IMIT>l>H%�>AKDOWN 'Type of Impact Fee s° Amount Owed A. Library Impact Fee 21.1.00 B. Road Impact Fee ;'f$ 1,825.00 C. Parks Impact Fee ` : E 820.84 2 ; L D. EMS Impact Fee 93•tom E. Educational Fucilitictislcai Impact Fee 1,778.00 F. Water Impact Fee Y 1,175.00 Tse G. Sewer Impact Fee 1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED $7,698.82 - 7 - I#WAr S0(700 "28 "1r 153.44' �. s zmW o w o w ci CD CEJ •• 0o cro o N eE� �w�� "� w I L13 -2:(1401 d o N NbCrW 28 *E.,- o t4 �a 73 G`1CIO iV ��_ '1► • • ` 4 { 33 \ s o to Cs � N C.77 p0 0 L18 i Prep" by: ratrich G. Wblte Aee'A Collier County Alt'y. 3301 Ta "W Trail Nast Naples. FL W 112 2894458 OR: 2935 PG: 0426 RICORDID 1n 0!!ICIAL RECORDS of COLLIER COUNT?, !L 1:,:3/2001 at 0i:25PN DWIGHT E. BROCK, CLERK RIC !EI 31.50 Retn: NO'.'SING i URBAN IN MININT INTIR 0!!ICE TO HUI Thi, %pact for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY INIPACT FEES FOR SINGLE': -FAMILY AFFORDABLE'; HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver .of�j�Qis entered into this / say of ."0""q z�� 2001, by and between Collier Col Board of County Commissiibneri ,- seri Humanity of Collier County. hw., I 8 t..."w` a .Parties." 4� @ itical `ufs i cloi� ,, pf the State of Horida through its referred to as "COUNTY," and Habitat for oma. erred t('') as "O , NfR," collectively stated as the WHEREAS, Collier ON Ordinance No Impact Fee Ordinance, as it may�*r,)Wttaer amended referred to as "Impact Fee Ordinatrcti. 3 V n s'wf . 0 111 ' ie"Cullier County Consolidated frkrtirtae to time, hereinafter collectively waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - 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 lee waiver; and WHEREAS, pursuant to Section 74-201, E.I.b. of the Impact Fee Ordinance, as codified in the County's Code of laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements, and WHEREAS, by signing this Agreement, the C'uunty Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration ofY the foregoing Recitals, and other gcxxl and valuable consideration, the receiptrfr the Parties covenant and agree a.,. tflows: I. RECITALS 1 Is hereby mutually acknowledged, R&Itals'lare true and correct and are incorporated by r feryfico he in," � a � ,i i (I i 2. LEGAL unit and its site plan CD 1, (the "Dwelling Ut"' attached as Exhr� 'ANn1s incorporated by reference herein. °s 3. TERM. The term of thiS°�Agc��trfr��µci Lunger than a periucl of fifteen (IS) years commencing from the date the certificate of occupancy is issued for the N Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and 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 Ordinance, and the OWNER'S monthly - 2 - payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. OWNER is a First-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,608.82), as set firth in the attached Exhibit -13,- incorporated by reference; and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER fur affordable hour: anptii ,N .v... Impact Fee ordinance. 5. SUBSEQUENT TkA1WSF JC*EP which is subject Ito t Unit shall be soldi6ril ovenants and agrees to comply with the v�ri�r&µctpalification criteria detailed in the If OWNER sells the Dwelling Unit I 14CO *,0v'0 to s r�scquent purchaser, the Dwelling j x ; itt r io tsr faold �e tin , ttae waiver qualifying criteria set forth in the Infp4 ` l ee Ordinance. lrr case-y'sale or transfer by gift of the Dwelling Unit, the o`il,OWNER shill teittixhle tier the impact fees waived Ak until said impact fees are 0kI conditions set Furth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit trust he utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall 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 Seven Thousand Six Hundred Ninety - - 3 - Eight Dollars and Eighty Two Cents (57,698.82), as set forth in attached Exhibit "B." This lien may tx foreclosed upon in the event of &firult under this Agreement. Provided that it' the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to he 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 he sulx:rior• and paranount to (tie 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 taxes. 8. RELEASE OF LIEN. Uua iatita tory completion of this Agreement's ex requirements after htt ►�% I -years fram,'4i`i � of issuance of the certificate of occupancy, or the expense of the C0U payment or relea# a oli Ir ` 9. BINDING EFFF(T� 'f Parties to this Agre t - 41 10. RECORDING. This COUNTY in the Official Ment of the waive&l nipat�t fees, the COUNTY shall, at N CYM-cc)rd any nocessar� d(x.umentation evidencing such h +"Agr��&6rlent`sh, run w►ffi y`*.ijand and be binding upon the and their heirs, h assigns. )et cnt shall he r c0r 4,,'by COUNTY at the expense of It bt1i�i aunty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall he in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said nun -compliance, or h. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for it period of fifteen (15) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The: following remedies are Cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the: fifteen (15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (ex)) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, thehien-fig COUNTY, a� .►�fi IoreeIosute of a niortg entitled to recover..°hl, i6tere ,k at the( st(ttulor y IN WITNESS WHERI Impact Fees on the date and year first Witnesses: Print Na1;e ' ex ♦ II t • i' s foreclosed, or otherwise enforced by the law or equity including the e ;e on re.e`tt,,prcrty. The COUNTY shall he fees 'and costs, 4icluding attorney fees, plus a J r, 1&-inetnts calculated on a calendar day { havexeted this Agreement for Waiver of OWNER: HABI'TA'T' FUR HUMANITY OF COLLIER CO Y, IK'7 �� 1 // i Samuel J. Kurso, M.D., President - 5 - OR; 2935 PG; 0431 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before nit this t — day of , 2001 by Samuel J. Durso, M.D., President of Habi 11 for Hump ity of Collier County, Inc. He is personally known to me. ��%��._.. _- 1 (NOTARIAL, SEAL) 'Signaturcf Person Taking 0 Name of Acknowledger Typed, Printed or Stamped STATE OF Florida COUNTY OF Collier The foregoing Agrei by Thomas W. 011iff, Court [NOTARIAL SEAL] Si Name of Approval Recommended Greg ihalic, Director Hou. ing & Urhan Improvetile lit COLLIER COUNTY, FLORIDA _. 0y:— t TWOMAS W. OL.LIFF, ITY MANAGER At V _ day ut%(6 C[� tix �c1 , 2001 ,had oft ie COUi` M- e is personally known to me. F Taking Ackr]oaylcd}rent �`'" MARY E. BECK y MY (VMMLW NV i (-t'v2773N �4OF n EXPIRFS: Mei z. -um d vPrnted or Stamped - 6 - Approved as to Conn and c sufti Patrick G. White Assistant County Attorney EXHIBIT "A" LEGAL DESCRIPTION LOT 23, BLOCK A, HABITATVILLAGE, ACCORDING TO THE PIAT THEREOF AS RECORDED IN PIAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT -B" TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 IMPAUTy FEk,: "REAKDOWN ex Type of Impact Fee Amount Owed A. Library Impact Fec - S214.00 B. Road Impact Fee R ` Y 1.825.00 C. a € "d Parks Impact Fee.�; i j 820.81 gin., h Ar D. -12, EMS Impact Fee 93.00 o � E. Educational Facilitic�1 +dem Impact Fee s,, 1,778.00 F. Water Impact Fce 1.275.00 s r. C711 G. Sewer Impact Fee 1,575.00 H. Correctional Facilities Impact Fee 117.08 0 w N TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 SVV'VB"28"1► 153.44' s z "W v 15.Q Q: � X44 o •o y o crCooCo d CA�o w . CA.:V co 00 �w L3or Coo I L13 •�• Q.Ot d o Nb OS 28"E Icx �CA N $p► y O o _ • O • o ` `� 1.17 ,J 04. o txt L18 6i►,�• I W ki cz At % 0 44? ew. AR Prep" by: Patrkk G. wblle AWL Collier County Att'y. M Taaraml Trail East Naples, FL 31112 2894452 OR; 2935 PG; 0378 RSCCRDED in OFFICIAL RECORDS of COLLIER COON?Y. PL 1.13/:001 at 01:25PX DWIGH? F. BRICK, CLERK RFC FEE 31.50 Re In HCUSIN.' S URBAN IMRROVSMEN' INTER CFFICS TO HUI rh6 +pace fur recordlult AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver 2001, by and between Collier Cod Board of County Commissi incrs N.' Humanity of Collier Count, Inc;., hcreii "Parties." k Y TPUV3-,cis is entered into this f day e x . - itic.il �lwsi?rof the State of Florida through its r referred t6\ as' COUNTY," and Habitat for as "OWNER." collectively stated as the WHEREAS, Collier)( ty Ordinance No X11=1 'Collier County Consolidated Impact Fee Ordinance, as it ma tfc,tomer amended froth rite to time, hereinafter collectively referred to as "Impact Fee Ordinanc pr Zv i ii�r waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required 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, pursuant to Section 74-201, E. I.b. of the Impact Fee Ordinance, as codified in the County's Code of laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements, and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and s tC n6 y Wt,Ji b is hereby mutually acknowledged, the Parties covenant and agree o1 6'w I. RECITALS ng Rccitals are true and correct and are incorporated by ti'efetpnce-he' 3 2. LEGAL DESCKIPTION, The�Iggal cls s`�rrpti�� i �� ttt elling unit and its site plan (the "Dwelling 00J,is attached as Exhis incorporated by reference N %X2 herein." F rake lun cr than a period of fifteen (15) 3. TERM. The term of thi°a� A r � rrt�� g � years commencing from the date-ihe certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall he offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. 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 Ordinance, and the O'WNER'S monthly - 2 - payments to purchase and pay for 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 subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents (S7,698.83), as set forth in the attached Exhibit "B," incorporated by reference; and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER further gcovenants and agrees to comply with the affordable Impact Fii S. SUBSEQUENT "SRA which is subjecti to t3 ki Unit shall be sola: iii," Nr�tmunce. ;PREPAY impact set forth in the lniia�Fee Ordinance. I Dwelling Unit, the c 6;ij al,OWNER shall until said impact fees arcoatdl$ii F qJ1'mim t ification criteria detailed in the If OWNER sells the Dwelling Unit � Y tbs.yuent purchaser, the Dwelling 46Ci tt„the waiver qualifying criteria ts� N dale or transfer by gift of the 'gym a' i'IiAle for the impact fees waived onditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to he utilized for that purpose during such period, the full amount of the waived impact fees shall be 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 Seven Thousand Six Hundred Ninety - - 3 - Eight Dollars and Eighty Two Cents ($7,698.82), as set forth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise he superior and paramount 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 taxes. 8. RELEASE OF LIEN. Unon. - M requirements after ti ttlslai;tory completion of' this Agn.enient's C( of issuance of the certificate of occupancy, or upon,pr r payment of the waive . rnpa t fees, the COUNTY shall, at the expense of the COUN V" cord any neessary\zdo6men tat ion evidencing such dig ..� payment or release o5�1iel. 9. BINDING EFFECT-,, 'h "greem, nC��ha run1�riih t�};end and be binding uExm the tib?, o rry �... e z .y'+a: jklk Parties to this Agre��rt and their heirs, sMS sore assigns. ti y 10. RECORDING. This\))g ent shall he re c3 it cl ,hy COUNTY at the expense of to COUNTY inthe Official f ifs t C re uunty, Florida, within sixty (60) days -I after execution of this Agreement by the County Manager. w a4 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year tenn; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) clays of written notification of said violation. b. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (cw) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the lien-may—beforeclosed, or otherwise enforced by the COON TY .ttyAn law or equity including the forecros e"'of a mortgage on rea rol y. The COUNTY shall he ent, ed to recoVe ,rlf�1ecs a!nd costa, including attorney fees, plus interest of t IN WITNESS WH Impact Fees on the date and year first Witnesses: Parties have 4*ttttt OWNER: eras calculated on a calendar day { E V" this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUfVTY, INC, Samuel J. Urso, M.U., President - 5 - OR; 2935 PG; 0383 STATE OF Florida COUNTY OF Col Iicr The foregoing Agreement was acknowledged before me this. day ofincHekis�rsonally pe , 2001 by Samuel J. Durso, M.D., Presiden abitat for Hun, city of ColZr—couilty, known to me. 1 [NOTARIAL SEALI STATE OF Floridi COUNTY OF Collier Taking Ackledgment Name of Acknowledger Typed, Printed or Stamped The foregoing Agreen`ent by Thomas W. 011iff, Coun`y `Ma [NOTARIAL SEAL) Sig Nance of Ac Approval Recommended Greg belie, Director Housing & Urban improvement COLLIER COUNTY, FLORIDA By:__ FtOMAS W. OLLIF'F, x MANAGER +vl d tci � n t,s day of � ')<<'tX 141 2001 half t o a Y Hr is personally known to file. Taking Ack' i" le" MARY E. BECK MY COMMWION I CY'Y2rM ' a, 011� 1APIGF.S:ApNP--Vm - 6 - or Stamped roved as to Porn and IV �ncy. Patrick G. White Assistant County Attorney EXHIBIT "A" LEGAL DESCRIPTION LOT 24, BLOCK A, HABITAT VILLAGE, ACCORDING TO THE PIAT THEREOF AS RECORDED IN PIAT K(K)K 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1 Type or Impact Fee A. Library Inipaet Fee- B. eeB. Road Impact Fee C. Parks Impact Fee. Y EXHIBIT "B" 4WAKDOWN r� Amount Owed $ 21.1.00 R 1.825.00 8X0 84 TOTAL IMPACT FEES WAIVED $7,698.82 - 7 - _ o D. EMS Impact Fee , .w. 91 (X) a E. Educational Facilities Seam Impact Frei 1,7713.(X), F. Water Impact Fee 1,275.(0 b G. Sewer Impact Fee 1.575.0) o w H. Correctional Facilities lmpact Fee 117.98 TOTAL IMPACT FEES WAIVED $7,698.82 - 7 - to - tv IQ . a x Cl 0 � 73.00 lootCA � W � � W � BES L13 i .r v —� ab• •� o �P . c� .. / ?b %go v� ICA v w o w � N I' w 0 � 73.00 lootCA � W � � W � BES L13 i .r v —� ab• •� o �P . c� .. / ?b Prepared by: 2894450 OR; 2935 PG; 0362 OntrlckG.Whitt RECOROEC :.^. OFFICIAL HCOROS cf COLLIER COUNTY. ?I Ass'LCollier County Att'y. ;: ;?:`;t'C: it 0::5?K OIIIGHT 1. BROCK, CLERK 3301 Tamlwai Trail Fmt RBC 18E 11.50 Naples, Kl. 34112 HOUSING & URBAN IVROUEKENT INTER OFFICE TC HUI Thk% %pace for revording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver g1Atr�Tp-ac1Y Fec1% is entered into this / day otl;14ye#o` ;� Cc') 2001, by and between Collier Coin �iltcal tittbcIsr�rof the State of Florida through its Board of County Commissi, nerti, ,ht Humanity of Collier County, ln(, herei "Parties." � referred t, as ;COUNTY," and Habitat for as "OWNER," collectively stated as the WHEREAS, Collier ol*,Y Ordinance No IX13,'` �/Collier County Consolidated .77 Impact Fee Ordinance, as it ma""Jort4er amended fron n � to time, hereinafter collectively referred to as "Impact Fee Ordinatic>c�jz Apr v l wig r waivers of impact fees for new owner -occupied dwelling units qualifying as affordahle 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance, and - 1 - 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 fec waiver, and WHEREAS, pursuant to Section 74-201, E. Lb. of the Impact Fee Ordinance, as codified in the County's Codc of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements, and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in c valuable consideration, the recei the Parties covenant and agree 1. RECITALS INCOI incorporated by iO'e 2. LEGAL DF.SCRi (the "Dwelling U )n -of -the foregoing Recitals, and other gooX1 and en%y 4'-`�w,l c s hereby mutually acknowledged, •he orteojnp Ret talti are true and correct and are l r 3 it a , —The%gal c c s�� ptiofi-i p�� t tilling unit and its sift plan attached as incorporated by reference �d y herein.x 3. TERM. The term of this A longer than a period of fifteen (1 S) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall he offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. 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 Ordinance, and the OWNER'S monthly — 2 — O N Mo CJ7 ..d c� w rn C-%.> payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of' record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total anuxrnt of Seven Thousand Six Hundred Ninety -tight Dollars and Eighty Two Cents ($7.698.82), as set forth in the attached Exhibit "B," incorporated by reference; and e. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER (gMc,r�covenants and agrees to comply with the affordable fiv)", 1 ` c u 41ualification criteria detailed in the Impact ee"o rn1 -C. 5. SUBSEQUENT I'RANS�RREPAY11�1T It ER sells the Dwelling Unit which is subJec to,�fhc� in aci Ive b ar r ti�,i b cyii:nt purchaser, the Dwelling Unit shall be soI47(� ly rs , �,o h ► of etrf%g the waiver qualifying criteria set forth in the I► �t Fee Ordinance. ca fi siale or transfer by gift of the Dwelling Unit, the igrq:rl OWNER shall rc tea"n Mahle for the impact fees waived until said impact fees are trullottI the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately 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 Seven "thousand Six Hundred Ninety - - 3 - Eight Dollars and Eighty Two Cents ($7,698.82), as set forth in attached Exhibit "B." This lien may he foreclosed upon in the event of default tinder this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of it suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to he 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 he superior and paramount 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 taxes. S. RELEASE OF LIEN. Upon --s:t,.�factory completion of this Agreement's requirements after tittet;tfIa�eara�tf�Y. Sof issuance of the certificate of occupancy. or u m ►fir. a ment of the waive' P' Y� Pr 1' P Y c(mpat fees, the COUNTY shall, at the expense of the CUI-1"Y�,i�-curd,pany"'n cessar payment or release ofilie i. v ; v t x -&R 14. 9. BINDING EFFE r # --A �nrl I ru Parties to this Agri t and their heirs, 10. RECORDING. This` zr&ment shall be COUNTY in the Official eotk;Fbf mentation evidencing such of and be binding upon the ►gns. by COUNTY at the expense of y. Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of'said nun -compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a perimi of fifteen (15) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are cunu►lative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) Fail to comply with the said qualification criteria at any time during the Fifteen (15) year term: or (2) violate any provisions of* this Agreement, then the dollar amount of impact Fees waived shall he paid in full by OWNER to the COUNT), within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the lien may he foreclosed, or otherwise enforced by the COUNTY ".1 torecl4�s rz. entit`Ied , o'` i nt rest,! �Cf11 babas IN WITNESS WH Impact Fees on the date and year ti Witnesses: a mortgage ort r ,Jhe Parties have u.. in law or equity including the rty. The COUNTY shall he costs, including attorney fees, plus OWNER: s clrlculated on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COU Y, IPc - SAnrlrel J. urso, M.D., President - 5 - STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this day of '2001 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. (NOTARIAL SEAL) Signature,,& P�rson Taking Acknow Dame of Acknowledger Typed, Printed or Stamped C Ol_LIF:R COUNTY, FLORIDA HC)MAS W. OLLIFF, C Y MANAGER STATE OF Florida w" COUNTY OF Collier $^ t The foregoing AgreementHafa ac n ed ,cd icf r0ni hi � uf��r��c'tll ��_2, 2001 E by Thomas W. Ulliff, County 1igr tsfthl4 ot to COLI I Y �l iti �a n to me. vie 8- [NOTARIALIAL SEAL] Signator � son Taking Ackt walxtc gm'nt ► n��cir Type of Ack, Prii ted or Stamped Approval Recommended Approved as to form and al suft7 i cy: Greg a ic, Director Patrick G. White Housing & Urban Improvement Assistant County Attorney - 6 - EXHIBIT "A" LEGAL DESCRIPTION LOT 26, BLOCK A, HABITAT VILLAGE., ACCORDING TO THIS: PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 IMI'Afi`T�r''jA.KDOWN Type of Impact Fee e -mount Owed A. Library Impart Fee ��° ' � mm. �- s� \$ 214.00 B. Road Impact Fee � 1 (825,(0 C. dt Parks Impact Fee � � ,820.84 D. EMS Impact Fee,', , 93.00 E. Educational Facilities St -e Impact Fee N `p w .778.00 F. Water Impact Fee 1,275.00 'b c� G. Sewer Impact Fee "µTM" " ` 1.575.00 0 w H. Correctional Facilities Impact Fee 117.98 CX> TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 I, � 1 00.0'004 ' a 8 28 . , � � I 70. ' t� C'� ` c m i y o c v� I o c . cz I• a I o � I ,. t� I io(roeI28pt„w 70.00 w I c� I d CA w N�O�'0a 28 "E CA I I, o 4 N 73.00 C� I w �• iWN928"t �, w I ,, ; 70.00' --' �- ,LL F 9 , E. � 100'06'ah 13 70.00' t� . 0000 L18 -�« CA . CL C, 0.0 �• a o Q o � •� c� o� Z�Ar i o Cl p o� Pnp ree by: IRS&" G. white AWL Colder County Alt'y. 3361 Tamim i Troll Mast !Naples, Fl. 34112 2894502 OR: 2935 PG: 0659 RECORDED In OFFICIAL RECORDS 01f COLLIER. COUNTI, IL it 01:48PN DWIGHT E. BROCC, CLERK RIC ME .).SO Retn: HOUSING i URBAN INPROVENEN? IV?FD OFFICE TO HUI Thisspace for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver,,of: ay g�.into sdo__ 2001, by and between Collier (out a piiliti al^ sub� I I "I ii# the State of Florida through its Board of County Cominissipinei Humanity of Collier County, Inc,,', a "Parties." k I WHEREAS, Collier referred to `as "COUNTY," and Habitat for fc1 t(NEI," collectively stated as the RECIT 1'. . ' Ordinance No. , ",the,,, ollier County Consolidated /,- Impact Fee Ordinance, as it may bet%el,►mended frc5it,%rtc to time, hereinafter collectively referred to as "Impact Fee Ordinance;"--s-proaivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance, and - 1 - 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, pursuant to Section 74-201, E. I.b. of the Impact Fee Ordinance, as codified in the County's Code of laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support ot'creating Affordable Housing; and, WHEREAS, the impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration -of the foregoing Recitals, and other good and valuable consideration, the receipt,, i d �� f � t �!s hereby mutually acknowledged, the Parties covenant and agree,as i Tows: I. RECITALS INC(7RP RA � Th turegt utg Re ital` are true and correct and are incorporated by Irefcool h feifi. I s 2. LEGAL DESC KJ- V' � "liptie -tif the'dwelling unit and its site plan o�'y \ N (the "Dwelling U#tf )`pis attached as Ext* "A,"'14. 4 is incorporated by reference N �o herein. 3. TERM. The term of this Aj longer than a period of fifteen (IS) years commencing from the date the certificate of occupancy is issued for the rn er Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and o 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 Ordinance, and the OWNER'S monthly - 2 -- payments to purchase and pay fur the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance, b. OWNER is a first -tithe home buyer; C. 'The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,698.82), as set forth in the attached Exhibit -13,- incorporated by reference. and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER further covenants and agrees to comply with the affordable hent t�,ai."q alificatiun criteria detailed in the Impact F S. SUBSEQUENT Tit which is subject p Unit shall he sold set forth in the h ante. Ordinance. Inv u-� c Dwelling Unit, the or igat QWNER shall re until said impact fees are pitcl t$rt`tl cutlt� Ordinance and this Agreement are satisfied. It' 6,WKER sells the Dwelling Unit ie.lueht purchaser, the Dwelling i►f tide waiver qualifying criteria JI, acv le or transfer by gift of the able for the impact fees waived itions set forth in the Impact Fee 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the terns of this Agreement; and if the Dwelling Unit ceases to he utilized for that purpose during such 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 SCVCH ThotiSand Six I lundred Ninety - - 3 - Eight Dollars and Eighty Two Cents ($7,698.82), as set firth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUN'T'Y, 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 paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall he on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements after It occupancy, or upon the expense of t payment or relea of 9. BINDING EFF L(E Parties to this Agrt� 10, RECORDING. Thi\s COUNTY in the Offici ,",payment of file waive N`cora iy-,,h tcc 5 ;f ;J Ek.an.F vh:j run and the heirs stiff > shall be of issuance of the certificate of ,t fees, the COUNTY shall, at dm> imcntation evidencing such tf c*d and he binding upon the ,,�a� ass►gns. COUNTY at the expense of ty. Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default (it' this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (0) days of mailing of written notice of said nun -compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The lollowing remedies are cumulative with any ether right or remedy available to the COUN"rY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term: or (2) violate tiny provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUN'rY within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (t)0) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the lien mai, he foreclosed, or otherwise enforced by the COON I Y� ht+�ct�c�u in law or equity including the V" fore c lob _° of a mortgage un reef pr erty. rbc COUNTY shall he eritic d tcFretaver Ali '1�cutd cuts, including attorney fees, plus r rntercist the st to o.y r� t r�u l r t lit,":alculated on ti calendar day kt xn. IN WITNESS WHE �� The Parties havt ��}�t►��ci this Agreement for Waiver of � Impact Fees on the date and year first3ry�thu Tsvvrr t n Witnesses: OWNER: Print Na e�AerT/ /of)p P6? Name -t&I# HABITAT FOR HUMANITY OF COLLIER COU Y, II-jC §1unuel J. Kirsu, M.D., President - 5 - STATE OF Florida COUNTY OF Collier The foregoing Agreement was a by Samuel J. Durso, M.D., Pres. i&nt of Habitat known to me. //1 (NOTARIAL SEAL.) STATE OF Florida COUNTY OF Collier OR: 2935 PG: 0664 J before me this -�— Jay of X001 Humanity of Collier County, Inc. He is personally Signayorn Taking A owledgme► Name o' nowledger Typed, Printed or Stamped The foregoing Agreemenl,w4t'-b by Thomas W. 011iff, Count fytaer, V A [NOTARIAL SEAL] Sigridt"Wi f F , '1 Name of Ac'Pt� Approval Recommended Greg M' 1alic, Director Housi g & Urban Improvement COLLIER COL►N'rY, FLORIDA y —THOMAS W. OLLIFF, C NAGER k 14", Taking - 6 - or Stamped proved a., to form and ega suftIei y: 'Patrick G. White Assistant County Attorney day of ' , � 1'; t 1(t% ?ti l molly known to me. 40 N lowlcc t rta� ^ C �,�+nom or Stamped proved a., to form and ega suftIei y: 'Patrick G. White Assistant County Attorney EXHIBIT "A" LEGAL. DESCRIPTION LOT 28, BLOCK A. HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH Sl, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 1MPACTk'F; ,,#,R :AKDOWN Type of Impact Fee ?-.,,mount Owed A. Library Impact Fee 214.00 B. Road [mpact Fee �� 1.9`_'5.00 `R '' C. 1, -`' Parks Impact Fee i x ` t 820.84 - - D. EMS Impact Few ` 93A) E. '�� Educational Facilities ," Impact Fee `` 1,778.00 F. Water Impact Fee1,275.00 G. Sewer Impact Fee 1,575.00 0 rn H. Correctional Facilities Impact Fee 117.08 rn TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 ■ 1■ ■ ;1 �40(r'0-6-,"281. ti I i 70.00' . m . Q 'Q I � 00'06'28 70.00' C+ i iOVO,6028st 70.00 co �� x I * Y << _ *00'06 28" 70.00' LIS CN AS � o Prepared by: Patrick G. Withe Arr't. CoUier County Atl'y. 3301 Taadami Trail Eivit Naples. KL 34112 2894503 OR: 2935 PG: 0667 RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PL %:43M :VIM E. FROCK, CLERK Rill, PRE 37.50 Ret HOUSING r URBAN INPROVENENT INTER OP?ICE TO HUI This spacr for r%vording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE: HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver 2001, by and between Collier Colf Board of County Conunns Humanity of Collier County, "Parties." WHEREAS, Collier ri�eas is entered into this day of _ al su�a i ai4,of the State of Florida through its *reinaftcr referred eittat� ' f rred t `t a I ;r i i li1:C1 �A�� Ordinance No �) I as 'COUNTY," and Habitat for "( NKR," collectively stated as the r � i L, r� I I Collier County Consolidated Impact Fee Ordinance, as it mays#'fVrr�ber anierided1fr0lik'finle to time, hereinafter collectively referred to as "Impact Fee Ordinalcl prv1 w'tor waivers of impact tees 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 the in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - WHEREAS, the impact fee waiver shall he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the; project as eligible for an impact fee waiver; and WHEREAS, pursuant to Section 74-20I, F. Lb. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support ofcrcating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the: OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt «rrof u�itiif icf�is hereby mutually acMnuwledged, the Parties covenant and agree yrs f�tws: 1/4 I. RECITALS INC(D'RPC�RATI 71t turc i ng Re, ital",are true and correct and are incorporated by nef'er is 0 heirO irY°. 2. LEGAL.DESCR PT OI , 'h }�4f 46 ptiu iu the clling unit and its site plan o.y (the "Dwelling, Ufi#, Js attached as Exhikit A Witt,As incorporated by reference herein. a° w u. x °s 3. TERM. The term of this � r'� �cn ;ts e rfee) �ungrr than a period of fifteen (I S) years commencing from the date the certificate of occupancy is issued for the o rn Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and o> shall be offered for sale in accordance with the standards set forth in the Impact [:cc 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 Ordinance, and the OWNER'S monthly - 2 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total anwunt of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,698.,42), ), as set forth in the attached Exhibit "B," incorporated by reference; and e. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER further covenants and agrees to comply with the affordable [it, i mpg tt pa e si er,4JUalification criteria detailed in the S° Impact B,e 3 finance. 5. SUBSEQUENT `TRA�IS1;REPpYMC.I'I'. If WIER sells the Dwelling Unit which is subject to ,f tcciim'ac t e v iti r l�i�a ,,#`b quint purchaser, the Dwelling Unit shall be wl ��i t t r� mot t au huldx�a ct� � the waiver qualifying criteria a set forth in the litt, Fee Ordinance Wjbc ease f gale or transfer by gift of the � V01- '0 �i j .« Dwelling Unit, the c fig r aaJ OWNER shall remail able for the impact fees waived c�i , -u until said impact testi arc }std r f llMOAN t conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. o rn rn 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for k.C' affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately 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 Seven'Thousand Six Hundred Ninety- - 3 - Eight Dollars and Eighty Two Cents ($7,699.82), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paranwunt 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 taxes. 8. RELEASE OF LIEN. U.pc3... requirements after tit occupancy, or upon/ 111 p the expense of the C, payment or relea. e uta 9. BINDING EFI ECS Parties to this Agree 10. RECORDING. This of the waived 5 i s Agreement sh COUNTY in the Official and their heirs, shall be completion of this Agreement's of issuance of the certificate of fees, the COUNTY shall, at tation evidencing such , ith f, and and he binding upon the assigns. COUNTY at the expense of aunty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall he in default of this Agreement it a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (IS) year term; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the lien may he foreclosed, or otherwise enforced by the CUUNTYbh,�tt�Jrin law or equity including the +i forecl)t>N°`of a mortgage on rrrproBerty. The COUNTY shall be enti'tled' to et over .ell Wfe, ' nd cos s, i4icluding attorney fees, plus rn4erc%t al`�h t. a ory a toi iri�tT elits galculated on a calendar day 5 \"�•. � %,.,,mak. x` IN WITNESS WHER)d*\the Parties have excr(it This Agreement for Waiver Of Impact Fees on the date and year first"ah Witnesses: dA AI �(- >)�t 7 Print NYne .ztoh Q421"Ns__ e VieY OWNER: HABITAT FOR HUMANITY OF COLLIER COU,IN(`� � %ji�L,� BY:` Samuel J. 111 irso, M.D., President - 5 - OR: 2935 PG: 0672 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before nrte this -�—' day of G{ 2001 by Samuel J. Durso, M.D., President o . bitat for Humanity of Collicr County, Inc. He is pc;rsonally known to me. 1 V -- - [NOTARIAL, SEAL] Signatu a STATE OF Florida COUNTY Ol, Collier w ledt;ntont ame of Acknowledger Typed, Printed or Stamped The foregoing Agree by Thomas W. 011iff. Coun [NOTARIAL SEAL] Sign Name of Approval Recommended T .00� Greg Mih I c, Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA _�. By:-�----- { TE16MAS W. OL.LIFF, TY MANAGER UA Taking - 6 - t` (lts, day o 2001 11 1TYL-I-]e is rAywa ally known to me. (� k--�'=� ,,� _ CRY _`'''�'`.• o' ted n'nt rated or Stamped proved as to form and V suft-•i racy: Patrick G. White: Assistant County Attorney EXHIBIT "A" LEGAL DESCRIP'T'ION LOT 30, BLOCK A, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUN'T'Y, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 �31:AlkUH) W N Type of Impact Fee= mount Owed A. Library Impact Fee w 1.1.(X) B. Rood Impact FeeR . 3'e r 1,825.00 ,� l C. I Parks Impact Fee ' 8'-0 8`1 �� t D. EMS Impact Fee 93.00 E. 1 Educational Facilities S t�['ft Impact Fee 1,778.00 F. Water Impact Fee s 1,275.00 G. Sewer Impact Fee 1,575.00 0 H. Correctional Facilities Impact Fee 117,98 w TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 00'"6'28 � � ( 70.00 � oa06'28 70.00' ic � 8+ co I� �iWO,8928mi co Cl loi � *O(ro6'�+'�'' 70.00' ' e Of 0 - �g op\ a tv iy v� v� civ Nw o w o t4 I' N C.0 � 73.00' 1106 �CAL Le. "//. � 73.00' 1106 �CAL Le. L18 � 73.00' 1106 �CAL Le. �redby: 2894504 OR: 2935 PG: 0675 fttrktc. Waite RECORDED in OFFICIAL RECORDS of COLLIER COON?Y, PL AW1. Colder County Alt'y- i 113! 20f 1 at 0 i :48PH DWIGH? 1. BROCK, CLERK 33tir Tatnlatnl Trail Nast RIC FSE 17.50 Naples, F1.34112 R e t r' HOUSING & URBAN NFRUIRENT !NT?R OFFICE TC FUI rhk %puce fur recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver otrc-lmpc-t Fecs is entered into this zday uf� -tv 2001, by and between Collier Cout erpo ffic a su vio ipr of the State of Florida through its Board of County Commissiner'hereinafter referred tial COUNTY," and Habitat for Humanity of Collier Count, Inc, t its 'OWNER," collectively stated as the "Parties. AI"N- HI. � x �'.`\ c hitt., WHEREAS, Collier 'qty Ordinance NoII V� ttrzCullier County Consolidated 41ti Impact Fee Ordinance, as it ma Cher amended fr > ante to time, hereinafter collectively referred to as "Impact Fee Ordiivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the rcyuirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance;; and - 1 - 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, pursuant to Section 7.4-201, E.l.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve it waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in conside valuable consideration, the recei the Parties covenant and agree is tiftows: I. RECITALS INCORP,6RkM.1 i of the. foregoing Recitals, and other good and yiR t jii,* e.is hereby mutually acknowledged. ing Rc itak,,; are true and correct and are incorporated byirefefenoe h6eih. ,i I 2. LEGAL DESCF[P'I'1ne-legal siptio rf thtvelling unit and its site plan o i (the "Dwelling 1�0iv,,�is attached as is incorporated by reference herein. �° 3. TERM. The term of th1 A me pt, I longer than it period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the e� rn Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and rn shall he 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 Ordinance, and the OWNER'S monthly - 2 - payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fce Ordinance; b. 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 subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fres in the total amount of Seven Thousand Six Hundred Ninety-E:ilght Dollars and Eighty Two Cents ($7,698.82). as set forth in the attached Exhibit -B,- incorporated by reference; and e. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER. OWNER furt,hcx.,.,covenants and agrees to comply with the aftiordublc ho - Wax calitication criteria detailed in the Impact FeL. Or hnance. 5. SUBSEQUENT TkAI SF9"R ` EPAYM N if�WNf R sells the Dwelling Unit which is subject oto the i`m t ifee wa v 0, W S t sWhit purchaser, the Dwelling Unit shall be sold%6% .,*J"rs6 sM ti, e waiver qualifying criteria set forth in the Im a "fee Ordinance. In -4, Case "Is le or transfer by gift of the Dwelling Unit, the o it n,QWNER shall rettl�t�i,atile for the impact fees waived until said impact fees are mditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately 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 Seven Thousand Six Hundred Nincty- 3 - Eight Dollars and Eighty Two Cents ($7,698.82), as set forth in attached Exhibit "B." This lien may tk foreclosed upon in the event of default under this Agreement. Provided that it' the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of it suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. t:xccpt as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise tx superior and paramount 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 taxes. 8. RELEASE OF LIEN. Upon awsatisfactory completion of this Agreement's requirements after t7ft occupancy, or upon the expense of t payment or re 9. BINDING EF Parties to this 10. RECORDING. r1, payment of the wail JN 'Y°,,rcord arty I 5 giier►t ru: t and their heirs, su4` ueeanent shall be rec COUNTY in the Official Rte., of issuance of the certificate of fees, the COUNTY shall, at ►entation evidencing such t. 4)id and be binding upon the ns. COtJN'rY at the expense of nty, Florida, within sixty (60) days after execution ol'this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, tails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) tail to comply with the said qualification criteria at any time during the fifteen (15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the lien may he foreclosed, or otherwise enforced by the COUNT Yy ~.u�t�iitt in law or equity including the foreclosdmortgage on relA i) °rty. The COUNTY shall he enti''tled/to t° -o6 r „a.II fe&,ipd costs, including attorney fees, plus R m lere atA 610a�ut r n l to � chtti calculated un a calendar day R la { E �h p S$ 3 I 7V 1W , a IN WITNESS WHEROJR e Parties have exp�ttc t this Agreement for Waiver of Impact Fees on the date and year firstah( Witnesses: yJrtr�_c Print Na e CjjMZ & Rk—/one- int Name OWNER: HABITAT FOR HUMANITY OF COLLIER COON Y, INGG , Samuel J,-6urso, M.D., President - 5 - OR: 2935 PG: 0680 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this. day of I_, 2001 by Samuel J. Durso, M.D., President of Ha itat fir fit City of Collier• County, Inc. He is personally known to me. (NOTARIAL SEALS Srgnaturq,()f ?e;. -4)n Tak arae of Acknowledger ;knowled�irent Printaor Stamped A- COLLIER COUNTY, FLORIDA By: _ THOMAS W. OLLIFF, NTY MANAGER IR,' STATE OF Florida COUNTY OF Coll ier ' � The foregoing Agreement/ t acc fl �dged �� t� `' i c� lt�s �; day of/�t'rzE rtt ��' 11 2001 by Thomas W. 011iff, Count M ' u r oft t eh It t(�1I TY H2 is personally known to me. [NOTARIAL SEAL] Signal I Person aking Ack' wiled/ 't l h'PCX f/1�1 N L� * C'r- Name of Ac Approval Recommended 5: X7-- Z-;,/, reg M" a ic, Director Housing & Urban Improvement - 6 - or Stamped NleApprov • 1 s to form and a r 'n Patrick G. White Assistant County Attorney EXHIBIT "A" LEGAL DESCRIPTION LOT 31, BLOCK A, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 IMPAyC'7-> ','', 'AKDOWN rx Type Impact Fee Amount Owed of A. Library Impact Fee /, $ 214.00 B. Road Impact Fee �, ' x,1,825.00 C. Parks Impact Fet Y J 1%820.84 1 D. ;...µ� v .Sn EMS Impact Fee93.00 .. a E. Educational Facititir ;c m Impact Fee 1,778.00 a F. Water Impact Fee1,275.00 G. Sewer Impact Fee 1,575.00 0 H. Correctional Facilities Impact Fee 117.98 c o �J TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 � 70.00 7C d �410! sic � oao6'2e Ict 70.00' tv C4� lom CA 00'06'28 I 70.00' � � oq i 70.00' i I . T r-70.00' � 0 15' D.E:' I, 49 w 0 -4 0o��'2e a 70.00' � I 1 1 2 1 1 12'D.E: CIA C gF-oa C ' x00.06' 28'E 98.4 S00°06 28 153.44 P-3 • �d "W 10941 9 y CA fa w 10 C Prepared by: PNrkk G. WWte An't. Cotner County Att'y. 3391 Tndanal Tull to+l Nuplea. FL 34112 2894505 OR; 2935 PG; 0683 FICORDED !n OFFICIAL RECORDS of COLLIER COUNTY, FL 12!03!2001 3t 01:48PM DWIGHT K. BROCK, CLERK RIC M 37.5C Re; HOUSING i URBAN IMPROY?MENT INTER OFFICI TO HUI Thisspace for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE. -FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver 2001, by and between Collier Board of County Commissi Humanity of Collier Countyjnc , hgyglip ► "Parties." , c 5 4i Y i WHEREAS, Collier et c* ti entered into this f day of I subdty rthe State of Florida through its referred to `4s OUNTY," and Habitat for A reterc d to UWNER," collectively stated as the AE , i 1 EC1TA1.� hx fl Ordinance No. 200 - Impact Fee Ordinance, as it may'bc�ffufift-r amended * 's A 1— Collier County Consolidated time, hereinafter collectively referred to as Impact Fee Ordlnanct roador waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - WHEREAS, the impact fee waiver shall he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS. pursuant to Section 74-201. E.I.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable: Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUN'T'Y. NOW, THEREFORE, in consi valuable consideration, the recei the Parties covenant and agree 1. RECITALS INCOI incorlx)rated by referobco he- it'. 2. LEGAL DESCRY[ tp °' he g (the "Dwelling Ur>'",,'is attached as herein. 3. TERM. The term of thk"Aireeiiir f�fkae foregoing Recitals, and other good and e'yµr�f W-4 4s hereby mutually acknowledged, orego ng Recitals tre true and correct and are felling unit and its site plan " `� "d is incorporated by reference longer than a period of fifteen (1 S) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall he offered for sale in accordance with the standards set firth 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 Ordinance, and the OWNER'S nwnthly - 2 - payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any sUbsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Seven "Thousand Six Hundred Ninety -Eight Dollars and Eighty Two tents ($7,698.92), as set forth in the attached Exhibit "B," incorporated by reference; and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER fuq1hcr,- covenants and agrees to comply with the affordable housi "a""' ;4ker�luialitication criteria detailed in the Impact Fere 5. SUBSEQUENT T'A which is subject to t4 i Unit shall be sold " �PAX4ME NT. It' O�,VNER sells the; Dwelling Unit kS4t�-C�uer t purchaser, the Dwelling s ee itt ,the waiver qualifying criteria set forth in the Imlee Ordinance. In ��r �.cs;te or transfer by gift of the Dwelling Unit, the ortrrIOWNER shall renwltr"liaiile for the impact fees waived until said impact fees are p�iid�.�1��uhe wnditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately 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 Seven Thousand Six Hundred Ninctti- - 3 - 0 N <J7 w er rn coo L" Eight Dollars and Eighty Two Cents ($7,618.82), as set firth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and Subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, Such lien shall otherwise he superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall he on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon , satisfactory completion of this Agreement's requirements after It occupancy, or upon_pricar,payntent of the wai the expense of the COU payment or role 9. BINDING EFFI Parties to this A 10. RECORDING. COUNTY in the Officia VIIV ccorAt any"lloce J I s�.grtcrtt h,l run,; and their heirs, st 'ogs: °d;` �,cc rnent shall be recd; Of issuance of the certificate of fees, the COUNTY shall, at station evidencing such thy,% nd and he binding upon the assigns, COUNTY at the expense of y, Florida, within sixty (60) days after execution of this Agreement by the. County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: it. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for it period of fifteen (15) days after mailing of written notice of the violation. - 4 - 0 N 1p cs, b 0 m rn 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year terns; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the lign-may "be foreclosed, or otherwise enforced by the COUNTY" .ctr�rr sryt�u'in law or equity including the ..�< foreclos , of a mortgage on re pro rty. The COUNTY shall t►e entitl►�i to-r"ect�rI tees and co s ificluding attorney fees, plus irr'tere t a iRth st: to ory is ? fc r i►�t tc' is Calculated on a calendar day b4sirttnp�did: µ o � 4 r7al b� IN WITNN„SS WHEIit)I�; site Forties have exee.tte,d this Agreement for Waiver of k impact Fees on the date and year first ab ive, -ritteKj 0 rn Witnesses: OWNER: HABI'T'AT FOR HUMANITY OF Pont Name L �� '•� "� COLLIER COUNT INC J rint Name 1--,- Y-"� Satlulel J. tkf so, M.D., President - 5 - OR: 2935 PG: 0688 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this -�— day of 2001 by Samuel J. Durso, M.D., President of Hab t for Hum nity of Collier County, Inc. He is personally known to me. 2_. [NOTARIAL SEAL] Signature u' ern Taking A�wledgmen ame of Acknowledger Typed, Printed or Stamped STATE OF Florida COUNTY OF Collier The foregoing Agree by Thomas W. 011iff, Count L, [NOTARIAL SEAL] Signa,(*Nq Name of A Approval Recommended -"� :�k - Greg Mi clic, Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA a Y: JklAe a- o Z!� v �YHO.MAS W. OLLIFF, MANAGER gie llrsday or), ✓Xr : x C..' �.., 2001 f pt CU Thr. He is personally known to me. ing A #o I ej twry BECK °"•cti Am - 6 - 0�urti;d or Stamped Approved as to form and le I su 'ti •i ncy• Patrick G. White Assistant County Attorney EXHIBIT "A" LEGAL DESCRIPTION LOT 32, BLOCK A, HABITAT VILLAGE, ACCORDING TO'I'HE PLAT I'HEREOF AS RECORDED IN PI,A7' B(X)K 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 IMPAC'1' I• >I, f kKDOWN 74, .: `r Type of Impact Fee . mount Owed A. Library Impact Fee ,�` .,'`��` �� $ 214.00 B. Road Impart Fee { '1.K2-5.00 dR ' C. Parks Impact Fee � � _ x K'-0 K4 � ;� h 9.00 - D. EMS Impact Fee _ , „ �'i E. Educational Facilities ted 1 Impact Fee 1,778•00 F..'�.�� Water Impact Fee � .m � �� 1,275.00 cr „° s . . G. Sewer Impact Fee p ��_ 157500 ,. o H, Correctional Facilities Impact Fee 117.98 Q, � TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 � 70.00' x SO(rO6'28*t � I• � oaoe'2e � 70.00' v � 00'0628 � 70.00' � W � 00'06'28 I• 70.00' � 1�Od'Ad'Z8 i i iC71s io i r-70.00' 1• � 15' D.E�I' oaos'2e 70.00' � IcaQD n' I 75.00' C#3 w �I w� t' CIO 1� 0 00'06'28 75.00' ooh � owl CO I Ori 00-o8,28 75.00' A w to 0 w N C4 14 1 Li1 _I 12'D.E: mIN 0 • NW06'28"E 98.E h o�3 00°06 2T8" 153.44 ' oz f I Pmparedby: 2894499 OR; 2935 PG; 0635 Paftk* G. Whyte RBCORDID in O11ICIAL RICORDS of COLLID COUNTY, PL Am'LCollier County Au'y. '2/33/2001 at 01:48PX DMIGH? I. BROCK, CLIRK 33111 Tamlaml Trail Fast RIC IBB 37.50 Napim Fl. 34112 Retn: HOUSING i URBAN INPROVIKIN? IN71R OPPICI TO HUI This spwe fur recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSIN(I UWI'LLINC; FOR HABITAT FOR HUMANITY, INC. This Agreement for the WaiveOJ14*4 e is entered into this 1p day of 2001, by and between Collier s u Board of County Commisveioner�,,,-,-hereritratter re 't Humanity of Collier County, Inc „elnaf re�rr � i "Parties." i RECITA �a1f the State of Florida through its to ,, as `t'COUNTY," and Habitat for "\NNEzR," collectively stated as the WHEREAS, Collier y y Ordinance No 60t lA;W Collier County Consolidated Impact Fee Ordinance, as it may` .Aur�*ramen�sd �n tithe to time, hereinafter collectively referred to as "Impact Fee Ordinance—.—prc)VLk for waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - 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, pursuant to Section 74-201, E. Lb. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve it waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration -of the foregoing Recitals, and other good and valuable consideration, the receipt a, _-bJs hereby mutually acknowledged, the Parties covenant and agree 11 ws: 1. RECITALS incorporated by roferencc ht -*i true and correct and are 2. LEGAL DESCRVR FI unit and its site plan n �.. 1• � � 3 !' ' F Imo.+ (the "Dwelling Ui'"°s attached as ExhillA .ices incorlxirated by reference herein.F cis M �+ 3. TERM. The teen of this Agciiien ria t.o hunger than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the o rn w Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and o, 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 it very low income its defined in the Impact Fee Ordinance, and the OWNER'S monthly payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is [tie owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,698.82), as set forth in the attached Exhibit -B,- incorporated by reference; and e. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER further covenants and agrees to comply with the aftordable impact -T6 ,, Impact F>ec` idinance. 5. SUBSEQUENT TRA-NSIEW9EPAYN1l which is serhjeCtj to �3fCglirnRAct/ fee `w, s ti I t7� rs°tiriuf Unit hall he o o .pe s tib?. set forth in the. InVav,7,f zFee Ordinance. In,,,' Dwelling Unit, the1c gja�4LOWNER shall until said impact fees are Patef$ r,t��pfl or p ualificatiun criteria detailed in the If OWNER sells the Dwelling Unit �ubS qu�nt purchaser, the Dwelling { I c6rtpfie waiver qualifying criteria tuVc''alc or transfer by gift of the (pif6le for the impact fees waived itions set firth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to he utilized for that purpose during such period, the full amount of the waived impact fees shall be 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 he a lien on the Dwelling Unit in the amount of Seven Thousand Six Hundred Ninety - - 3 - Eight Dollars and Eighty Two Cents ($7,698.82), as set forth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of' it suitable Security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to he considered junior, inferior, and sutwrdinate to each first mortgage on the Dwelling Unit. Except its elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other Security interest, such lien shall otherwise tx- superior and paramount 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 taxes. 8. RELEASE OF LIEN. Upon requirements after tiftect N occupancy, or upon,_prry the expense of the C payment or rel 9. BINDING EF] Parties to this sfactory completion of this Agreement's of the wai an t and their heirs, of issuance of the certificate of -t fees, the COUNTY shall, at scar ,doo, mentation evidencing such and he binding upon the 10. RECORDING. This Ageement shall be recort-d-by COUNTY at the expense of COUNTY in the Official dec, r of r 'otinty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall he in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said nun -compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance fur it period of fifteen (IS) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a.Should the OWNER of the property: (I) tail to comply with the said qualification criteria at any time during the fifteen (15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the lien nj,ay be foreclosed, or otherwise enforced by the ' . COUNT Y b 0cairti��ti in law or equity including the forecl0. of a mortgage on I— pr's rty. The COUNTY shall be itlel t(i"f cawr Baa C x � IN WITNESS WHEI�1 ( „the Parties have Impact Fees on the date and year It Witnesses: Print Name zt. , ' �f•, qr"intName_y 40►� cots, Including attorney fees, plus OWNER: n.nts�calculated on it calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNTINC.-_ Samuel J. Dt�i►, M.D., President---- - 5 - 9 OR: 2935 PG: 0640 STATE OF Florida COUNTY OF Col I ier The foregoing Agreement was acknowledged before me this —�— day of 2001 by Samuel J. Durso, M.D., Presidelitclf'Hab ut fur }lumen' " pt Collier county, lnr. He is personally known to me. [NOTARIAL SEAL] Signat ers Taking owledgn nt eanic' of Acknow ledger Typed, Printed or Stamped STATE OF Florida COUNTY OF Collier The foregoing Agree by Thomas W. 011iff, Coun [NOTARIAL SEAL] Si D Name of Approval Recommended <4 Greg Mi a ic, Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA 1, OMAS W. OLLIFF, CO rMANAGER ! Y cis � r lil ihjs�L day of 2001 cit ate C( NTY.. e is personally known to me. µ I (1 •w .d' y ing Ac -now' l�� nt � W1—V6 My MART E. eE� ?pe n (DMUms1UN: - 6 - or Stamped Approved as to form and I sufti 'envy: Patrick G. White Assistant County Attorney EXHIBIT "A„ LEGAL DESC RIP'I'ION LOT 3, BLOCK B, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT 1.111, TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 1MP ' ,fE 0f-4 �AKDOWN Type of Impact FeeAmount Owed A. Library Impact Fee,, k #t S 214.00 B. Road Impact Fee 1,8 25.00 C. Parks Impact Fee k Ek ., 3 8_0.84 D. EMS Impact Fc,e9� (>U �. . . E. Educational Fac.ilitieti,�',4m Impact Fee 1,778.00 0 F. Water Impact Fee A 1,275.00 G. Sewer Impact Fee 1,575.00 0 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 Prepared by: Patrkt G. White A=% CoUkr County Att'y. 3301 Tawhmni 'trail Mast Napiea, PL 34 111 2894500 OR: 2935 PG: 0643 RSCOR.DED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/0312001 at 01:48P4 DWIGHT E. BROCK, CLERK RIC HE 31.50 Retn: HOUSING i URBAN APROVINBNT INTER OPFICI TO HCI This space for recording AGREEMENT FOR WAIVER OF COLLIER COUN'T'Y IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. 4+. This Agreement for the Waiv;r;tA itered into this 9 day of 2001, by and between Collier Ctypolitico! subdivi Board of County CommissiO5ners'r fa�rrnailer-.,,_refe�rrti to Humanity of Collier County k`lnt rec� "Parties." �, � '� . ,x ,9 `\ RECITA1.Si;, WHEREAS, Collier 6 y rdinance No. 2("i he State of Florian through its NTY," and Habitat for Ek," collectively stated as the r4 iu`$C'ollier County Consolidated Impact Fee Ordinance, as it may trt�ded��'ti� to time, hereinafter collectively referred to as "Impact Fee Ordinance," - '&ov!& for waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact tees otherwise required in the Impact Fee Ordinance, and — 1 — WHEREAS, the impact fee waiver shall he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver, and WHEREAS, pursuant to Section 74-201, E. l.h. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements, and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing, and, WHEREAS, the: Impact Fcc Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE. in considerationofthe foregoing Recitals, and other good and valuable consideration, the receipt.. ltd ? � is hereby mutually acknowledged, the Parties covenant and agree I. RECITALS INC )ing Recital's are true and correct and are incorporated byifefef it c [Wier i. i 2. LEGAL DESC kLr%I I A J'esky ipti ,i 0,t the B elling unit and its site plan o (the "Dwelling l� rt''� is attached as Lxti t A ittui= is incorporated by reference 07 N herein. w 3. TERM. The term oft A *_" c �t(�r�+ longer than a period of fifteen (15) � years commencing from the date the certificate of occupancy is issued for the c� rn Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall he offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. 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 Ordinance, and the OWNER'S monthly - 2 - payments to purchase and pay for 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 terns of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact Ices in the total amount of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,698.82), as set t'otth in the attached Exhibit "B," incorporated by reference; and e. In return for the COUNTY'S waiver of the impact tees otherwise owed by OWNER, OWNER further covenants and agrees to comply with the affordable, h?tgtti� ~J'�ti��'rualiticatiun criteria detailed in the ON Impact Fedinance. S. SUBSEQUENT ,,`TRA'NS ER, _REPAYM,�,N. \1�10WNERTsells the Dwelling Unit which is subjeO toytho11 a 1 e al, rt z\k, seq nt purchaser, the Dwelling X Unit shall he so d cast �� t? �,�ar �tshul xii) et�i� the waiver qualifying criteria set forth in the 1' i O Fee Ordinance. I i c •«r°_�� yule or transfer by gift of the ,, Dwelling Unit, the ttgtal OWNER shall rerrtsut Iaable for the impact fees waived until said impact fees are°p,ai X14 all'or, �tt�l h conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact lees shall be 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 Seven Thousand Six Hundred Ninety - - 3 - Eight Dollars and Eighty Two Cents (57.608.82), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, interior, 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 paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall he on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upo a--_xatisfactory completion of this Agreement's requirements atter t►ftge (l5) tr fi na t� + . e of issuance of the certificate of occupancy, or u the expense of payment or rel 9. BINDING EF] Parties to this Ag 10. RECORDING. Thi of the wai ec, ra, any n ce t and their heirs, COUNTY in the Official shall he :t tees, the COUNTY shall, at mentation evidencing such and he binding upon the assigns. �11111,by COUNTY at the expense of unty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement it: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, tails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days atter mailing of written notice of the violation. - 4 - 12, REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen ( 15) year term; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety ('w) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the lien may tx- foreclosed, or otherwise enforced by the COUNTY? y .t i� , C� _, �� 'pin low or equity including the foreclomirojit a mortgage on rc.r'iup rty. The COUNTY shall he tntirlcd 4o r cr „r .t T fec a id co including attorney fees, plus int res(,athe i ttt►tc r ,r i or j�i(I Ments calculated on a calendar day bash d. , , . . N IN WITNESS WHE�.RI, j'~,.jh�e Parties have Agreement for Waiver of Impact Fees on the date and year first Witnesses: Print Name rint Name,_Scil dk IM OWNER: HABITAT FOR HUMANITY OF COLLIER COUN INC. Samuel J. Wiso, M.D., President - 5 - OR: 2935 PG: 0648 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 4 . day of , -)001 by Samuel J. Durso, M.D., President of Hab4t for Humanity of Collier County, Inc. He is personally known to me. t -- 4 [NOTARIAL SEAL] STATE OF Florida COUNTY OF Collier ienature le o Taking Ac P knowledger Typed, Printed or Stamped COLLIER COUNTY, FLORIDA The foregoing Agree nient,wta'" by Thomas W. 011iff, Count 3 MM 14er, [NOTARIAL SEAL] Sign; Name of Ar Approval Recommended Greg Malit, Director Housing & Urban Improvement Scd Taking r - 6 - By: THOMAS W. OLLIFF, C MANAGER e �,c�tl1r� day o 2001 e (ltNL 'x iowlt�(�1Ilt MY COMM" 1 Cl QVM UNRU44 : Voo The foregoing Agree nient,wta'" by Thomas W. 011iff, Count 3 MM 14er, [NOTARIAL SEAL] Sign; Name of Ar Approval Recommended Greg Malit, Director Housing & Urban Improvement Scd Taking r - 6 - or Stamped Approved as to form and le l su ' nc Patrick G. W ite Assistant County Attorney e �,c�tl1r� day o 2001 tie is personally known to me. (ltNL MARY E. BECK iowlt�(�1Ilt MY COMM" 1 Cl QVM UNRU44 : Voo or Stamped Approved as to form and le l su ' nc Patrick G. W ite Assistant County Attorney EXHIBIT "A" LEGAL DESCRIPTION LOT 4, BLOCK B, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PIAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 IMPr�c,'"F:FKUOWN Type of Impact Fre Amount Owed A. Library Impact Feei,mm $ 214.00 B. Road Impact Fc.e�;� , 1,825A0 C.Parks Impact Fee - J, 820.84 D. .��: EMS Impact Fee'' 93.00I� o vi E. Educational Facilities 'ieT Impact Fee 1,778.00.o F. Water Impact Fee 1,275.00 w �+ G. Sewer Impact Fee ' 1,575.00 0 H. Correctional Facilities Impact Fee 117,98 rn ►P TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 0 Prep W by: Patrick G. White A='4 CoNkr County AtCy. M Tamitud Trait isust Naples. F1.34112 2894615 OR; 2935 PG; 1200 RICORDID in OFFICIAL RICORDS %1 COLLAR COUNTY, FI 1"Al" NI at E:'.'PM DNIGH? 9. BROCK, CLIRK RBC FBI 37.50 Ret"' hOUSING S URBAN INFRVIMIN? IS".IR CFPICI ?C HUI 111% spacr for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACTFEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANI'T'Y. INC. i` This Agreement for the Waiver qjjp�p �,,`, ,, is entered into this I day of ; 2001, by and between Collier C u ��, .t political sti6d", 1' f the State of Florida through its Board of County Commisy i�nr rs herernuttern referred to as''COUNTY," and Habitat for Humanity of Collier Countr, ,�ccitt•1�County',L><s. x�d t�ls C�1NNER, collectively state) as the a C S i E "Parties." i RI,CITAC4 w WHEREAS, Collier(Jvojy Ordinance No. 200 -V -rt } the Collier County Consolidated Impact Fee Ordinance, as it t11ay*,e4"1urtt r amc.t� �n tt7ie to time, hereinafter collectively referred to as "Impact Fee Ord inance;`'—mproyew for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for it 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - WHEREAS, the impact fee waiver shall he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for .in impact fee waiver; and WHEREAS, pursuant to Section 74-201, 1:. I.h. of the Impact Fee Ordinance, as clLxtified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements. and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in suplx)rt of creating Affordable Housing, and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE in consi valuable consideration, the receipt, the Parties covenant and agree,Xas f 4lows: 1. RECITALS INCORPORATE. incorrAwated by refetenee herei 2. LEGAL DESCIiION "` The -011,41 c foregoing Recitals, and other good and icy i�# w tc fe_!s hereby mutually acknowledged, ng Rcital-",, are true and correct and are ptielling unit and its site plan (the Dwelling Uf t ) Js attached as Exhfi0 A is incorporated by reference herein.it" 3. TERM. The term of this Agip ire 1-"-or�riu lunger than a pc riu�i of fifteen (I S) years commencing from the date the certificate of '-xcupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and 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: u. OWNER'S household earnings will not exceed a very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance', b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner, d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total aunount of Seven Thousand Six Hundred Ninety-Filght Dollars and Eighty Two (nits ($7,699.82 ), as set forth in the attached Exhibit -B.- incorporated by reference; and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNFR��fth caa�en.►nts and agrees to comply with the I. f' 11, -ice-� affordable. ht i rfnpact � � ialitication criteria detailed in the impact Fee WillaUce S. SUBSEQUENT .tRANSFER ..FPA�YMt I Tli �W�(R sells the Dwelling Unit " F Dwelling which is su )jec to cher int to tr uw r o�t dhscquc tit purchaser, the I Al x Unit shall he sola y tilpersons or housr Iolcls ncett� Ehe waiver qualifying criteria set forth in the lrip, (fcc Ordinance. In 4c'6a cd sale or transfer by gift of the N Dwelling Unit, the o l `OWNER shalijeftikirtt liable for the impact fees waived until said impact fees are pard'lliw I k4' 111A conditions set forth in the Impact Fcc Ordinance and this Agreement are satisfied. o 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately 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 Seven "i'housanet Six Hundred Ninety- - 3 - Eight Dollars and Eighty Two Cents ($7,698.82), as set firth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of it suitable: security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to he 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 he superior and paramount to the interest in the: Dwelling Unit of any owner, lessee, tenant, mortgagee, or ether person, except that this lien shall be on parity with any lien for County taxes. 8. RELEASE: OF LIEN. Upon satisfactory completion of this Agreement's requirements after littccn.,ljr�t�h#I}r el;t� occupancy, or upon pf r rityment of the waiveLF,q the expense of thc,f/ OUN,VY;;cored piny n`ecessar, payment or relcas of Itcttr`, 3 9. BINDING EFFEG"f" I f n„Ag t tit ?a I run a rt i Parties to this Agree; i"rie t and their heirs, s4Avsu4s, of issuance of the certificate of t fees, the: COUNTY shall, at xtimentation evidencing such ttx � Paid and be binding upon the r+� ,va 10. RECORDING. ThisAgre�ernent shall he recor d+Y COUNTY at the expense of COUNTY in the Official tc"r fil"�iiycsrtfty, Florida, within sixty (fill) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall he in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or h. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for it period of fifteen (15) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to cite COUNTY: it. Should the OWNER of the prolkrty: (1) tail to comply with the said qualification criteria at any time during the fifteen (15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY Jjy n r }► in law or equity including the foreclosub '"t`lf a mortgage un ent IN WITNESS WHER FF,'Jhe Parties have e Impact Fees on the date and year lirsaur=rCfct Witnesses: Print Name►•-�� d P int Names rv-\ C OWNER: . The COUNTY shall be +, including attorney fees, plus t Y ,i is ciculated on a calendar day { ' o W "is Agreement for Waiver of N C� HABITAT FOR HUMANITY OF COLLIER COON , IN Samuel J. ursu, M.D., President - 5 - OR: 2935 PG: 1205 STATE OF Florida COUNTY OF Collier / The foregoing Agreement was acknowle4ed before ine this day of 21001 by Samuel J. Durso, M.D., President of: f• a-bitar Humanity of Cotier County, Inc. Hr is personally known to me. (NOTARIAL SEALI STATE OF Florida COUNTY OF Collier t3�►�.�s� ��T ignaturcXPy*so;rTaktnng Ackpowjedgmettt ame of Acknowledger Typed, Printed or Stamped The foregoing Agree ment"Wva by Thomas W. 011iff, Count Manager, l !z // '4 [NOTARIAL SEAL) Sig Name of Ac Approval Recommended Greg Mih c, Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA Ry:- - — THOMAS W. OLLIFF,�cmANAGER 9 L^ Taking - 6 - z, t>U 1 d d. (hanr;' _ C Iky of � /W E K �r. C JI TY Fie is personally known to rne. . . 21g 1 A mOwle-J" obt MARY F.. HECK MY CDMM45SIihV I cr vmyy Orlifl ed or Stamped Approved as to firrm and c al suffi 'i Patrick ite Assistant County Attorney OR; 2935 PG; 1206 EXHIBIT"A" LEGAL DESCRIPTION IAT 7, BLOCK B, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PACES 48 THROUGH 51, INCLUSIVE:, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 I MPAqffE ; I3�.AKD0WN Type of impact Fee s -"Amount Owed A. Library Impact Fee . , Jma., 214.0 B. Road Impact Feer C. Parks Impact Fee �1„ 4 t Y A j 1 m 820.84 µ D. EMS Impact Fee 93.00 E. Educational Facilities §Oerinriv,�npact Fee 1,778.00 F. Water Impact Fee s = 1,275.00 G. Sewer Impact Fee 1,57.5,00 H. Correctional Facilities Impact Fee 117.08 TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 V r-3 z • Ir qi: 0 0 ocrz!: i� 0 A lb 't 0) a OQ�m Ll 'dt� , j� + SB,,� W 0.4 -4 /,r!"3 .0 Q FA" /�f�y0`r� �R. ZV oa 'o� �� °o ClIv .0039 h7% �y -PC C7% Lly C) is -bc • Ir qi: 0 0 ocrz!: i� 0 A lb 't 0) a OQ�m Ll 'dt� , j� + SB,,� W 0.4 -4 /,r!"3 .0 Q FA" /�f�y0`r� �R. ZV oa 'o� �� °o ClIv .0039 h7% Prqmvd by: Patrick G. White Au't. Cooke County Att'y. 3.301 Tandand Trail Ex%1 Naples, Yl, 34112 2894616 OR; 2935 PG; 1208 RICORDID In OFFICIAL RECORDS of COLLIIR COUNTT, FL 1.;03,' 021 at ^„ 17PN :WIGHT I. BROCK, CLIRK RIC FIB 37.50 Ret^: HOUSING i URBAN INPROV3N3K7 IKTIR OPPICI TO NUI chis %pace for rrcording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver 2001, by and between Collier Co", Board of County Commissioners, ''here. Humanity of Collier County ./Ing _ hc.Cerlia "Parties." , c 5 4i Y 7 3 � act ',4s is entered into this '! day of _11.r,.i.r� Jl tu.ul msubdr 4i "of the State of Florida through its taper referred t(s "'COUNTY," and Habitat tar I rt ie red to aati ONvNER." collectively stated as the 17 1s A ri � Ek �` x� g dk 3 WHEREAS, Collier Ctx"�hly, Ordinance No 1C10� 1'3, i`t ,c� Collier County Consolidated Impact Fee Ordinance, as it mayiyqfral4tc,r amended frortl '41 ''to time, hereinafter collectively referred to as Impact Fee Ordinant ru+rde� »ter waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - WHEREAS, the impact fee waiver ~hall he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fce waiver; and WHEREAS, pursuant to Section 74-20I, E. Lb. of the Impact Fee Ordinance, as codified in the County's Crile of Laws and Ordinances, the County Manager' is authorized to exccutc certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into all Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing Recitals, and other g(x)d and valuable consideration, the receipt hJs hereby mutually acknowledged. the Parties covenant and agree as flews: 1. RECITALS I 6i tw ReLitals`,,are true and correct and are incorporated by rcferdt4cd'hc1Vin� N a ,i i \ I ' 4 t '� Y ! yi � tk •. �� { 3 2. LEGAL DESCRII.`lr"eh�tl• ls.tptiori��th�!r�lling unit and its site plan o (the "Dwelling Uric i'As attached as Exht �t►� rs incorporated by reference herein. 3. TERM. The term of thrsA�t'ft�r��ta,n °flinger than a period of fifteen (1 S) years commencing from the date the certificate of occupancy is issued for the .--� 0 Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall he offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this ,Agreement. 4. 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 Ordinance, and the OWNER'S monthly - 2 - payments to purchase and pay for 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 terns of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,699.82), as set forth in the attached Exhibit "B," incorporated by reference; and C. In return for the COUNTY'S waiter of the impact fees otherwise owed by OWNER, OWN ER.....fttrtbff- �u eii hilts and agrees to comply with the affordable criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER AEPA' �MENT. It WlV�ER sells the Dwelling L1111C which is subject 4o t 'e mp,act^fe �q. iv 1 � s sclyuc tt purchaser, the Dwelling `_ b � % Unit shall be soldkeA4XtopersofiOr huUs olds- waiver qualifying criteria set forth in the Im ' ee Ordinance. 111"ccisc i� � ale or transfer by gift of the Dwelling Unit, the urs i (\, OWNER shall for the impact fees waived until said impact fees are paid ld ui11 &'61 Tt i conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such pericxf, 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 Seven Thousand Six Hundred Nin ty- - 3 - CO %n c.n N O Eight Dollars and Eighty 'rwo Cents (s7,698.82). as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that it' the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a Suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paranwunt to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall he on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements after ti occupancy, or uporr the expense of the t payment or rele4se t. 9. BINDING EFFECT Parties to this Agido 10. RECORDING. Th it, payment of the wai, )UMEFYYrec.oril at�ym leo c 5 s C%Aµtifil I ru ;nt and their heirs u, ci Agreement shall be ret COUNTY in the Offici Of issuance of the certificate of h ,, 1 /o41- ri` ict fees, the COUNTY shall, at Tessa diCumentation evidencing Such and be binding upon the atli'assigns. l lsv COUNTY at the expense of nty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 1 I. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said nun -compliance, or h. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (1 S) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are cumulative with any ether right or remedy available to the COUNTY: u. Should the OWNER of the. property: (I) fail to comply with the said qualification criteria at any time during the fifteen (15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, t COU fors etit►tl IN WITNI'SS WH l Taction,- foreclosed, or otherwise enforced by the in law or equity including the on repr(4,)eny. The COUNTY shall he to rcc('fgy aft tees ►t�tf � s,n Ott � r.t�� a . E )k',1tlx Parties havt Impact Fees on the date and year first Witnesses: Print Nam ±(! f ,s..�o.. i t Name ► �� lading attorney fees, plus ,j'n►(.nts"calculated on a calendar day { is iced this Agreement for Waiver of OWNER: HABITAT FOR HUMANITY OF COLLIER COU N Y, 11.49 1 BX; — -- Samuel J ' urso, M.D., President - 5 - OR; 2935 PG; 1213 STATE OF Florida COUNTY OF C'ollicr The foregoing Agreement was acknowledged before me this day of %V 2QO I b Samuel J. Durso, M.D., Presid t–() Ha itat t��r Humanity of Collier` ' y c1�i y County, Irtc. He is personally known to me. l [NOTARIAL, SEAL] Signature y#%peking Arknynvtt^dgment Name of Acknowledger Typed, Printed or Stamped COLLIER COUN'T'Y, FLORIDA r v T MAS W. OLLIFF, TY MANAGER At V STATE OF Florida COUNTY OF Collier The foregoing Agreement"'w� s ac by Thomas W. 011iff, County *1gvri [NOTARIAL SEALS Signatbreop 'er gfi Taking Name of Ackn Approval Recommended Greg Mi alic, Director Housing & Urban Improvement - 6 - t iii this day of 4'9x- ct't, ?0Q1 JI TV -q is personally known to me. _.... �. * If'r',, �nt �r�� MARY E. RE '�� ky CbMM1a11QIV ,...... ah '� "MR"MN u, SAW nted or Stamped Approved as to form and n uftici r , : U�A— Patrick G. White Assistant County Attorney EXHIBIT "A" LEGAL DESCRIPTION LOT 13, BLOCK C. HABITAT VILLAGE, ACCORDING '1'O'l'HE PLAT THEREOF AS RECORDED IN PIAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUN'T'Y, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 IMPAC"T--t'E EAKDOWN Type of Impact Fc ��. ° � Amount Owed A. Library Impact Fee 214.00 B. Road Impact Fee R (,,8250) C. Parks Impact Fee Y i E820.84 D. EMS Impact Fee 93.00 E. Educational Facilities she' i Impact Fee a' 1,778.(x) N F. Water Impact Fee ;1 A 1,275.00 b G. Sewer Impact Fee 21 .�.�� 1,575.00 N H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 j •9eo O4. olle annolo 0000 _017 01 1000, 461 .�s. `N w A& . 1 prepued by: Pao" G. Wbi1e AWL CoUler County A11'y. 3301 Taminwl Trail "s1 Naples, KL 34112 2894611 OR: 2935 PG: 1216 P.BCORDBD in CFFICIA! RECORDS of COLLIER COUNTY, IL 1�`O�I.Q01 a: 0::11P1t DWIGH? 8. BRCCK, CLERK RBC FHB 31.50 NOUS:NG & URBAN IMPROVBNBN? 1'M% space for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE: -FAMILY AFFORDABLE; HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver (-)I-.%a��act ,uF s .isentered into this �� ay of O�Le-1-hl - 2001, by and between Collier subdivi%47 �x Board of County Commissit er�� herei�aftcr reterrt,d to Humanity of Collier County ,enc , her d "Parties. u,. µ ° RECITAL St" w_r WHEREAS, Collier C604t.): aOrdinance No -1W the State of Florida through its �s UNTY," and Habitat for " collectively Mated as the Ilier County Consolidated Impact Fee Ordinance, as it mayt a i h ntcndc 1`roit�\i'l to time, hereinafter collectively referred to as "Impact Fee Ordinance.`" prow{dc#ti `dor waivers 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - 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 tier an impact fee waiver; and WHEREAS, pursuant to Section 74-201, E. Lb. of the Impact Fee Ordinance, as codified in the County's Curie of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements, and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support ot'creating Affordable Housing: and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt ai tt#Iakitt is hereby mutually acknowledged, 'tie the Parties covenant and agree as trle�ws: 1. RECITALS I du ng Re tal'tare true and correct and are incorporated by r tero,ict he.4�it' 'Ll .t ` i 2. LEGAL DESCR P"I 1C}iv1tiotxt�aihielling unit and its site plan p 4. P0 9 II < (the "Dwelling attached as Exhi ' sAtis incorporated by reference � herein. 3. TERM. The term of this A n`t- r a wlunger than a period of tifteen (15 ) years commencing from the; date the certificate of occupancy is issued for the .—► N ti Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and 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 Ordinance, and the OWNER'S monthly - 2 - payments to purchase and pay for (tie Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. 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 subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Seven Thousand Six Hundred Ninety -Eight Dollars and Eighty Two Cents ($7,609.82), as set forth in the attached Exhibit "13," incorlx)rated by reference; and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER further covenants and agrees to comply with the affordable ftc►t�rpiC3ee��yfialitication criteria detailed in the Impact %c drnance. Q R tEEAYMEI [. Ir "WIVER sells the Dwelling Unit S. SUBSE UE NT TRAN51 which is sub3ec( to the f& w4iv r j6 g ��sequr"nt purchaser, the Dwelling Unit shall be tiol ` �t11 to-' rsutrs x ho �iuld ipret0W.1he waiver qualifying criteria set forth in the In ! fee Ordinance In * t�ase�sale or transfer by gift of the F— fi Dwelling Unit, the o t mFOWNER shall rem Irable for the impact fees waived until said impact fees are pard i rccunditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impart Fee Ordinance during the teen of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately 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 Sewn Thousand Six Hundred Ninety - - 3 -- ,;. Eight Dollars and Eighty Two Cents ($7,098.82), its set forth in attached Exhibit "B." This lien may be roreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree: that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all or 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 roreclosure on the first mortgage or other security interest, such lien shall otherwise he superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall he on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon .-sati,,Jactory completion or this Agreement's requirements after ti occupancy, or upo the expense oft payment or release o 'li 01 9. BINDING EFFE+ T), � , Parties to this Agree 10. RECORDING. This - of issuance of the certificate of tri°`payment of the waivctY'mpict fees, the COUNTY shall, at UI �ieoro city necessar' dtxuntentatiun evidencing such Ag a»n h L COUNTY in the Official rutr-Witti t Jand and be binding upon the and their heirs, s ssk)r� =and assi ns. V � g s gement shall be recod�d.... tiy COUNTY at the expense of iMmv, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in derault or this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days or mailing or written notice or said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (I5) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should [tic OWNER of the property: ( I ) caul to comply with the said qualification criteria at any time during the fifteen ( 15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise he in default of this Agreement, and [he default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the lieninay he foreclosed, or otherwise cntorce.d by the COUNTY,,,,"r�.te 4h .i�ud� in law or equity including the foreel,iumi°'°iii' a nwrtgage on M, i�urty. The COUNTY shall be eq `&�e&ver al,t fees :Itd cos,,ti, including attorney fees, plus ►nfere (l at! Ih��Ataf u , 5 ba 'i 4rti +I p rtd e; \ 1N WITNESS WH Impact Fees on the date and year first Witnesses: Print Name y �rr�:..• �a' int Name _ Parties have c OWNER: cuts 61culated on a calendar day is Agreement fir Waiver of HABITATFOR HUMANITY OF COLLIER COU 1INC. . y 'duel J. Durso, M.D., President - 5 - OR; 2935 PG; 1221 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this �-- Jay of (X)I by Samuel J. Durso, M.D., President df'-t-Tabitat or Humanity of Collier County, Inc. fie is personally known to me. (NOTARIAL SEAL( /Signat�otr.m TTingAcknowld nient ll 17 Name of Acknowledger Typed, Printed or Stamped COLLIER COUNTY, FLORIDA By: {SOMAS W. OLLIFF, (' MANAGER STATE OF Florida ` COUNTY OF Collier IJI � ' The foregoing Agrceiinc,r w ti nc� lel et c e� this, _day of zt •Q.�, ?OUI by Thomas W. 011iff, Count; M.( ricin c hale tit tc CUN T tic is personally known to me. �� 4e r'♦� MAR ti' �� , � � � i►fY. BECK (NOTARIAL SEAL) Signa�tc� f Persop aking Ae*11") I-, lit� �i' commcomm1S+0N•crW:rs„ °► n E IRRE . �( -- Ak s Name of A( -k,, no Tyµ:Pritired or Stamped Approval Recommended Greg i lic, Director Hou. ng 8c Urban Improvement - 6 - Approved as to form and Zesu fi iency: Patrick G. White Assistant County Attorney EXHIBIT "A" LEGAL DESCRIPTION LOT 14, BLOCK C. HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAG .S 48 THROUGH 51, INCLUSIVE., OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED 7 $7,698,82 IMPAUT';,kE,RRmEAKDOWN Type of Impact Fee iv Amount Owed A. library Impact Fee � � ..� .a S 214.00 B. Road Impact Fee J,825.00 C. Parks Impact Fec.. Y E 820.84 — D. EMS Impact Fee E. Educational Facilities ° y" Impact Fee 1,778.00 F. Water Impact Fee 1,_7..00 G. Sewer Impact Fee 1,575.00 H. Correctional Facilities Impact Fee 117.98 N N TOTAL IMPACT FEES WAIVED 7 $7,698,82 l '00 • 'Prgmwvd by: Patrick G. White An'L Cottier County Att'y. M Tandem+ Trall Hae Naples, FL 34112 2894619 OR: 2935 PG: 1232 RBZOR^BC In OFFICIAL RBCORDS of COLLIIR COON?Y, IL "l,?�IOd1 at 0,:1!PM DAIGH? B. FROCK, CL1RX ABC Y11 37.50 Pi• HOUSING i URBAN IMPRCYBNDN? IN"BR :?PICK 70 NL" This space for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver of ItupaciFees is enteral into this _�_ day of , ' n.. 2001, by and between Collier Cuut ty alt teaF t4 �f the State of Florida through its Board of County Commissiopt'rs;#iereinafter referred t( Humanity of Collier County, Inc.=`herrn di "Parties."� WHEREAS, Collier 0"ti fy Ordinance No. Impact Fee Ordinance, as it mayer amended UNTY," and Habitat for ," collectively stated as the tier County Consolidated time, hereinatler collectively referred to as "Impact Fee Ordinina,' s frid�or �tivaivers of impart fres 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 designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - WHEREAS, the impact fee waiver shall he presented in lieu of payment of the requisite impact fees Suhject to satisfaction of all criteria in the Impact Fcc Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, pursuant to Section 74-201, E. 1.1). of the Impact Fee Ordinance, as codified in the County's Code of t_awS and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve it waiver of impact fees for OWNER in support of creating Affordable Housing, and, WHEREAS, the Impact Fec Ordinance reCluires that the OWNER enter into an Agreement with the C'OUNT'Y. NOW, THEREFORE, in conside valuable consideration, the recei the Parties covenant and agree ,a`thws: I. RECITAI.S INC0,'YRP6RA°' E` incorporated by 2. LEGAL DESCI u.f the foregoing Recitals, and other good and ("N 't -y -t is hereby mutually acknowledged, (the "Dwelling Uri%t' )Js attached as Ex herein. 3. TERM. The term of thi'Ar`1tcr�� y ng Rectals�are true and correct and are ptiura ofthit tilling unit and its sift plan t� "A " ,kms" is incorporated by reference ,, , tar' tungcr than it period of fifteen (I S) years commencing from the date the certificate of Oxcupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set firth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: it. OWNER'S household earnings will not exceed it very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - payments to purchase and pay for the Dwelling Unit will remain within the affordable 11ousing guidelines established in the Impact Fee Ordinance; b. 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 uthsetluent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Seven Thousand Six Hundred Ninety -I ight Dollars and Eighty Two Cents ($7,698.80, as set forth in the attached Exhibit "B," incorporated by reference; and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER further covenants and agrees to comply with the affordable hot.,Ajualitication criteria detailed in the Impact Fee _lnance. 5. SUBSEQUENT TRANSVE:R *I which is subjectIto Unit shall be sold O'nI set forth in the Ind F Fee Ordinance. Irl Dwelling Unit, theOWNER shall re until said impact fees are Id It' OWNER sells the Dwelling Unit Y +fit soquot purchaser, the Dwelling ( E t� tine waiver qualifying criteria 5tile or transfer by gift of the 1I�sable or the impact fees waived l inditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately 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 Seven "Thousand Six Hundred Ninety - - 3 - Eight Dollars and Eighty Two Cents ($7,698.80, as set forth in attached Exhibit "B." This lien may be foreclosed upoxi in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of it suitable security collateral being provided by the OWNER to the COUN'T'Y, then all of the COUNTY'S lien rights and interests arising under this Agreement are to he considered junior, interior, 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 he superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall he on parity with any lien for County taxes. 8. RELEASE OF LIEN. Uponda._sntifactory completion of this Agreement's t requirements atter tittccatiI i y% errs -trona 41e da1C Sof issuance of the certificate of occupancy, or upon,-, ory`°° ra ment of the waive `•m p p y ) p4•t ices, the COUNTY shall, at the expense of the COUNTY` "Wcord, any 41 payment or release ollich. 5 ,i 9. BINDING EFFE I", A"P\rea�t�t i Parties to this 10. RECORDING. Thi COUNTY in the Offici and their heirs, nt shall he t cessary�\,da�mentation evidencing such r rurr-,w-ith th�,jund and he binding upon the } rx ssors, a 4'assigns. ectrc hys COUNTY at the cxpertse of runty, Florida, within sixty (60) days atter execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall he in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are cumulative with any ether right or remedy available to the COUNTY: u. Should the OWNER of the property: (1) tail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any provisions of this Agreement, then the dollar anwunt of impact tees waived shall be paid in full by OWNER to the COUN'T'Y within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the; lied-nia r he foreclosed, or otherwise enforced by the COUN [ Y `�r = rtfr��r .i ti in law or equity including the foredo%�i'e°"ot a mortgage on rciperty. The COUNTY shall be en(rticd' to' rvs r A tees 4nd cos S, ri�rluding attorney tees, plus IN WITNESS WH rest at ithciM,u(pry at tri II a it W rfte Parties have. e Impact Fees on the date and year firs t`afu Witnesses: Print Nam `i.- C)J.k .4 n aA A tint Name ' OWNER: efts calculated on a calendar day { I 1/this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUN , INC,. Samuel J. P(irso, M.D., President - 5 -- OR: 2935 PG; 1237 STATE OF Florida COUNTY OF Collier i The foregoing Agreement was acknowledged before me this _ day of 4L—�-00I by Samuel J. Durso, M.D., Presider bitat for humanity of Collier County, Inc. He is personally known to me. _n _ [NOTARIAL SEAL] Signature Acknowledgment of Acknowledger Typed, Printed or Siampcd COLLIER COUNTY, FLORIDA `WQMAS W. OLLIFF, STATE OF Florida - COUNTY OF Collier yX The foregoing Agr by Thomas W. 011iff, Cou [NOTARIAL SEAL] Sig Name of Approval Recommended as cnth,xlf ofxhe C J 4 of'Person ing A `kn Greg I\ ha ic, Director Housing & Urban Improvement - 6 -- MANAGER t I `� Y day of «XE' nc ltei-2UU 1 is personally known to me. nt w� � 4 rated or Stamped ,A�proveq as to form and -g• s ncy Patrick G. White Assistant County Attorney EXHIBIT "A" LEGAL DESCRIPTION LOT 16, BLOCK C, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH Sl, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 REAKI)OWN ON Type of Impact Fee<Amount Owed A. Library Impact Fee _ S 214.00 B. Road Impact FeeIn17 C. a € Ll Parks Impact Fee H?O,H4 D. ,,., hi EMS Impact Fee 93.00 o E. Educational FacilitiesS Impact Fee ' " 1,778.00 ti .o F. ,(cm Water Impact Fee 1,275.00 G. Sewer Impact Fee 1,575.(X) H. Correctional Facilities Impact Fee 1 17,91 w 00 TOTAL IMPACT FEES WAIVED - 7 - $7,698.82 Noe - a CAD,d o z -Ci �s se • ti o� o o �' t d .o c O 1W to Oro/ CA10 % ;12 L11 cp • �, '�" � • .� w t N 12 D. m i-+ 0*)N:moo t "".,,Q 01 two 0000 . ,,,tea„ =aan.< � °.,,, i ; . "', • 1928"E 98-449" 153-44��' e w t 4 Q.. _44 0 • 910 Cc 0 oCA o hoC4 w maca wMINNOW IIor