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Agenda 06/25/2019 Item #16D 4 (10 Developer Release of Liens)06/25/2019 EXECUTIVE SUMMARY Recommendation to approve ten (10) individual Developer Release of Liens for a combined amount of $921,626.47 for 104 homes that have remained affordable for the required 15-year period set forth in the State Housing Initiatives Partnership Impact Fee Program. OBJECTIVE: To support the affordability of housing in Collier County through the State Housing Initiatives Partnership (SHIP) Impact Fee Program. CONSIDERATIONS: Pursuant to Article IV of Chapter 74 the Collier County Code of Ordinances, the County may defer the payment of the impact fees for any new owner-occupied unit which qualifies as affordable housing. Prior to 2006, it was the practice for developers to apply for relief from impact fees when constructing affordable housing developments. The developers were required to sign a standard agreement to defer the impact fees, however, the impact fees were not waived but rather paid by the SHIP Program. In the case of the Developer agreements, it was not the practice at that time to transfer the lien upon sale to an eligible homeowner. However, each property was required to be sold to an eligible home buyer and the property was to remain affordable for fifteen (15) years from the issuance of the certificate of occupancy. In the event the property was sold, refinanced, or no longer their primary residence, the home buyer was required to repay the SHIP investment. Staff has verified that the referenced properties have remained affordable during the required 15-year term of the agreement. The following table provides details regarding liens that have met the 15-year affordable housing obligation. As such, a release of liens is required. Approval of this item will authorize the Chairman to sign the Releases of Liens, and the executed documents shall be recorded in the Public Records of Collier County, Florida. RELEASE OF LIEN Subdivision Developer Name Number of Agreements Impact Fee Total Amount Habitat Village Habitat for Humanity 53 $559,566.30 Carson Lakes Phase II Habitat for Humanity 9 $54,746.82 Timber Ridge Habitat for Humanity 15 $115,482.30 Naples Manor Habitat for Humanity 13 $115,673.78 Naples Manor Lakes* Habitat for Humanity 1 $7,586.34 Trail Acres Habitat for Humanity 2 $24,779.96 Highlands Habitat Immokalee Habitat for Humanity 1 $3,929.52 Jubilation Jubilation Development Corporation 5 $19,439.19 Jubilation** Jubilation Development Corporation 4 (condos) $14,339.28 639 Clifton Rd.*** Freeman & Freeman 1 $6,082.98 104 $921,626.47 * Incorrectly stated in the agreement as Block 9 ** Release of prorated liens that were combined within a mutual lien agreement *** Incorrectly stated in the agreement as 633 Clifton Rd. FISCAL IMPACT: The Fiscal impact totaling $202 is for recording of the above -referenced release of liens will be paid by SHIP Grant Fund (791), Project 33569. 16.D.4 Packet Pg. 1854 06/25/2019 LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. RECOMMENDATION: To approve ten (10) individual Developer Release of Liens for a combined amount of $921,626.47 for 104 homes that have remained affordable for the required 15 -year period set forth in the State Housing Initiatives Partnership Impact Fee Program. Prepared By: Hilary Halford, Sr. Grant & Housing Coordinator, Community & Human Services Division ATTACHMENT(S) 1. 10 H4H stamped Lien Releases (PDF) 2. [LINKED] 1st half of H4H 53 original liens (PDF) 3. [LINKED] 2nd half of H4H 53 original liens (PDF) 4. [LINKED] Carson Lakes and Timber Ridge original liens (PDF) 5. [LINKED] Naples Manor Lakes and Remainder of original liens (PDF) 16.D.4 Packet Pg. 1855 06/25/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.4 Doc ID: 9201 Item Summary: Recommendation to approve ten (10) individual Developer Release of Liens for a combined amount of $921,626.47 for 104 homes that have remained affordable for the required 15 -year period set forth in the State Housing Initiatives Partnership Impact Fee Program. Meeting Date: 06/25/2019 Prepared by: Title: – Community & Human Services Name: Hilary Halford 06/03/2019 3:30 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 06/03/2019 3:30 PM Approved By: Review: Community & Human Services Leslie Davis Additional Reviewer Completed 06/03/2019 3:58 PM Community & Human Services Cormac Giblin Additional Reviewer Completed 06/04/2019 9:46 AM Community & Human Services Kristi Sonntag CHS Review Completed 06/04/2019 3:48 PM Public Services Department Joshua Hammond Level 1 Reviewer Completed 06/05/2019 11:17 AM Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/05/2019 11:39 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/07/2019 4:09 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/11/2019 2:00 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/12/2019 10:13 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2019 11:19 AM Budget and Management Office Ed Finn Additional Reviewer Completed 06/17/2019 4:30 PM Grants Therese Stanley Additional Reviewer Completed 06/18/2019 10:05 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/19/2019 12:33 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM 16.D.4 Packet Pg. 1856 16.D.4.a Packet Pg. 1857 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1858 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1859 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1860 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1861 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1862 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1863 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1864 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1865 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1866 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1867 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1868 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1869 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1870 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1871 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1872 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1873 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1874 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1875 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1876 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1877 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) 16.D.4.a Packet Pg. 1878 Attachment: 10 H4H stamped Lien Releases (9201 : Habitat for Humanity Batch Release of 104 Liens) G � Prepared by: 2894601 OR: 2935 PG: 1136 RICORDID in OYIICIAL WORDS Of COLLIIR COUNTY, PL PalmG. While 12103(2001 at 02:11PN NIGHT I. BROCK, CLIRK Ar'L Center Cwnly Atl'y. RIC YII 371.50 JJ01 Tanrlarnl Trull $asl Napkw PI. u1U Retn: HOUSING i URBAN INPROVININT INTIK OPPICI TO NUI This space for mcordlnit AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT' FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANI'T'Y, INC, p This Agreement for the Waiver of tlnjract ­�e s entered into this /, day of �' A� `w? 2001, by and between Collier Board of County Cornnlissil Humanity of Collier County, ) "Parties." II WHEREAS, Collier Impact Fee Ordinance, as it may referred to as "Impact Fee the State of Florida through its referred to s "C red to s "O F. � E-.q Ordinance No. 2fl l u4h¢r amended froa>i, ," and Habitat for " collectively stated as the County Consolidated time, hereinafter collectively waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied fora waiver of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is oil 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: 1137 WHEREAS, the impact l'ee 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 lift 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 Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the C'OUNT'Y. NOW, THEREFORE, in consideral valuable consideration, the receipt the Parties covenant and agree a it 1. RECITALS ]NCO P incorporated by r fere 4 2. LEGAL DESCRI 1 (the "Dwelling UtfL' ' herein. \� attached as Fx M the foregoing Recitals, and other good and hereby mutually acknowledged, sure true and correct and are ing unit and its site plan °A)" y4A+ incorporated by reference 3. TERM. The term of thistfsI6nger than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall he offered lin• 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: 1138 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, anti will during the term of the Agreement remain, the homestead of the OWNER or tiny 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 Ifuadred Ninety -Eight Dollars and Eighty Two Cents ($7,698.82), as set forth in the attached Exhibit "B," incorporated by reference; and el ht return for the COUNTY'S waiver ol'the impact fees otherwise owed by OWNER, OWNERfurther- cove nants and agrees to comply with the 7 affordable pact— %kt ii ualificution criteria detailed in the Impact 5. SUBSEQUENT R N/S 12; �R"E YM T. If W ER sells the Dwelling Unit which is subjee to he it" ctlttJ+t< u r u .t s•qu tit purchaser, the Dwelling Unit shall 1>L sol P) 0- rsbn"" h u. hold. rn et t c waiver qualifying criteria set forth in the In Fee Ordinance. It 11 a as ale or transfer by gift of the Dwelling Unit, the o 'R WNF.R shall rot -- i�i able for the impact fees waived until said impact fees art: p, i iii t1, 11g t 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 fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the effective date Or 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 Seveil 'I'huusand Six Hundred Ninety- - 3 -- OR; 2935 PG; 1139 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 or 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 orthe COUNTY'S lien rights and interests arising under this Agreement are to to 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 or any owner, lessee, tenant, mortgagee, or other person, except that this lien shalt he on parity with any lien for County taxes. 8. RELEASE OF LIEN, requirements utter fit• 'te �7�I taatc ri iro1x%Vt occupancy, lir upmn r payment of the wui the expense of t4� C UN`fY e rcftutiy n� payment or retea e o n tat, u 9. BINDING EFFE 'ht: g t.n Parties to this Agr I 1 a it and their heirs, so 10, RECORDING. This �gr pent shall be COUNTY in the Official completion of this Agreement's or issuance of the certificate of fees, the COUNTY shall, lit tentation evidencing such and he binding upon the igns. COUNTY at the expense of 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 dote within thirty (30) days of mailing of 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 perioxl of fifteen (15) days after mailing of written notice of the violation, - 4 - OR; 2935 PG; 1140 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 tern; 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 he in default of this Agreement, and the default is not cured within ninety (10 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 artrTr� in law or equity including the fore , o of I mortgage on red pro •rty. The COUNTY shall be cn the 1( 1co er 1 fx. rid cos s, i eluding attorney fees, plus i tere (• th� sh to o t tt r ut t its w1culated on a calendar day IN WITNESS 31 Impact Fees on the date and year Witnesses: Parties have OWNER: his Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNT , INC,, Samuel J,X.'furso, M.D., President - 5 - OR; 2935 PG: 1141 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this day t�' 2001 by Sumucl J. Durso, M.D„ President a nut for Humanity of CoZrcouity, Inc. He is personally known to me. 11, P_ .._._. y )NOTARIAL SEAL) Name of 8- JEAN WrH tr?CeGOCOMMM ON 0 C 7»'54 7,a. SYPIRESAUG of. 2002 annum .k:eN. 7A,EN0rARr aFL0WA STATE OF Florida COUNTY OF Collier The foregoing by Thomas W, 011iff, [NOTARIAL SEAL) Nume of Approval Recommended Greg M' Director Housi a Urban Improvement Taking Typed, Printed or Stamped COLLIER COUNTY, FLORIDA By: OMAS W. OLLIFF, C Y MANAGER Taking - 6 - d Z- day of1�t 4 1, 2001 is personally known to tile. MARY E. BECK MY COMMMMON 1 CCWM EXPIP": Apes a xm or Stamped Approved its to form and e I suffic'en _ Patrick G. ite Assistant County Attorney OR; 2935 PG; 1142 EXHIBIT "A" LEGAL DESCRIPTION LOT 11, BLOCK A, HABITAT VILLAGE, ACCORDING '1'O THE PLAT" THEREOF AS RECORDED IN PLAT BOOK 37, PACES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT"B" Type or Impact Fee ���' ,, Amount Owed A. Library Impact Fcc $ 2 14.(x) B. Road Impact Fee �-� o—) �� 1,825,(1() C. Parks Impact Fee: l i n tJ t--4 820.84 rill D. EMS Impact Fee ���r p 93.00 E. Educational Facilities ytv Impact Feed 1,778.00 F. Water Impact Fee 0•- � 1,275,00 1 C]1 G. Sewer Impact Fee 1,57500 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACTFEES WAIVED - 7 - $7,698.82 /moo G�7p G L CA 0• 0 g � . I` 3. 6e / 30• 34 ise 00 0 V' h y 2944560 OR: 2994 PG: 2789 Nana is o;mm nanl o1 Mala Down, n /11111241 at 12:411 Mar 1, Mae CM hvpwod by, W M 22.31 aa: Pat" G. wrw 10a1M1 i 1U11 11110111017 ,t.,wcealerCowelrAa-Y. vim= 11111111933 1 TmWmW Tres F.W lidl elt Napk,6 FL 34112 41.1111 TbY 9we 1w rnwdi,q AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. co P +1 This Agreement for the/F r of Im t Fee s�e red into this L' day of jet ,c, ..f 2002, by and between Colli EC n c I subddivisio of Z State of Florida through its Board of County Commisio i r e 't015 OUNTY," and Habitat for Humanity of Collier Count ,her ate f to ` , AVE ," collectively stated as the "Parties."� " RECITAL C WHEREAS, Collier Con i 'nu�ce.Noy�yi the Collier County Consolidated impact Fee Ordinance, as it may be fu1`thewcr, cf f om time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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 - sn... OR; 2994 PG; 2790 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 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 cpn�tnt going Recitals, and other good and valuable consideration, the rec rptt sufficiency of wh hereby mutually acknowledged, the Parties covenant and ag as ollg$w — 1. RECITALS IN OR (fai Rrtieltals arc true and correct and are incorporated by 1-efg n c �Icgais! 2. LEGAL DESCR N. Thtion of%VLIIing unit and its site plan (the "Dwelling Uni'''t. attachcd as Exhi i is incorporated by reference herein. 3. TERM. The term of this Agreement -is or no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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; 2994 PG; 2791 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 "fen Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents (510,428.82), 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, OW "f r c nnts and agrees to comply with the afford abl i g impact fee wut��rjd}tlglification criteria detailed in the S. SUBSEQUENT which is s:!Ccol t Unit shall set forth in the Iml Dwelling Unit, the to persons or until said impact fees are Ordinance. In Ordinance and this Agreement are satisfied. sells the Dwelling Unit purchaser, the Dwelling waiver qualifying criteria sale or transfer by gift of the for the impact fees waived conditions 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 Ten Thousand Four Hundred Twenty- - 3 - OR: 2994 PG: 2192 Eight Dollars and Eighty Two Cents ($10,428,82), 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 u 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. JNA_, t!, t' i completion of this Agreement's requirements after ft ) 5) years from the a d' issuance of the certificate of occupancy, or u pr'bra��eni--of-the-"'ved i t fees, the COUNTY shall, at the expense oft C ��, 0 n� s mentation evidencing such payment or rele e E 9. BINDING EFFE is Agreement shut jun ith Q nd and be binding upon the Parties to this Agree t�tkid their heirs, succus: La d assigns. 10. RECORDING. This AS �d by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if. a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 2994 PG; 2793 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: u. Should the OWNER of the property: (1) full to comply with the suid 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 ufter mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c, In addit IN WITNESS paid. an action or Impact Fees on the date and year first above written. Witnesses: � 7 tt tC�l�1�f IYR i.0i.t real OWNER: or otherwise enforced by the or equity including the The COUNTY shall be attorney fees, plus on u calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNTY, I C. Samue . Durso, M.D., President - 5 - OR; 2994 PG; 2794 STATE OF Flori t! COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL. SEAL] Signature of Person Takin owledgment Ir y�u1Nui.,�.Vu�o✓r1���vwLAUREN y.Jwy. BEARD WC06601MMOMMM "Ma wk"N c. STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. 011iff, [NOTARIAL SEAL] Name of —Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped Approval Rec mmended Denton Baker, Interim Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA Taking - 6 - 49 day of 2002 is personally known to me. MARY E BECK M'CbNMmm"f Cc" 0ftft k6R7CW or Stamped ved as to form and g sufficie c Patrick G. White Assistant County Attorney OR: 2994 PG: 2793 EXHIBIT "A" LEGAL DESCRIPTION LOT 34, BLOCK A, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH SI, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" Type of Impact Fee A. Library Impact Fee f _ B. Road Impact Fee OQ D— C. .C. Parks Impact Fee: D. EMS Impact Fce" E, Educational Facilities S '1 impact Fee F. Water Impact Fce��EI� G. Sewer Impact Fee H. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED - 7 - unt Owed 214.00 E� 820.84 " 93.00 C 1,778.00 2,740.00 2,840.00 117.98 $10,428.82 0000 C06 co "4.00 Co COO -01 T� 70,owt 00 tk.P.rre sr� r irkh G. WYW AN'L arNr Carty Aay. 3301 TwWwWTrW E&A Npk4 PL 31113 2944558 OR: 2994 PG: 2193 OWN is 0111cm MW of hunt W", n 131111n11 at 11:04" maul 1. HICK, CM 11! 111 11.51 11t1t thin i MU MINIM PICK RIUM NAN 111.1111 TWi qom for mw4tq AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for th4oe of lm t Foes t�e�t d into this j� dny of rh• ,. 2002, by and between Board of County Cc Humanity of Collier C "Parties." WHEREAS, Collier Impact Fee Ordinance, as it may be e State of Florida through its ," and Habitat for " collectively stated as the Eollier County Consolidated time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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: 2994 PG: 2774 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 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 u 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 nS@t r f116plo j regoing Recituls, and other good and valuable consideration, the rec i sufficiency of whl' is reby mutually acknowledged, the Parties covenant and as as— l. RECITALS INC DT� g�R�i als I --(re true and correct and are incorporated b e i v(/ 2. LEGAL DESCRI N. The legal desc'on I elling unit and its site plan (the "Dwelling Uni " iC0ttached as Exhibit "(a is incorporuted by reference herein. CA " 3. TERM. The term of this Agreement ss for no 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 - S. C. which is OR; 2994 PG: 2775 payments to purchase and pay for 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), as set forth in the attached Exhibit "B;' incorporated by reference; and In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, impact fee Unit shall be soWV6,ty to persons or and agrees to comply with the ification criteria detailed in the sells the Dwelling Unit purchaser, the Dwelling the waiver qualifying criteria set forth in the Im Ordinance. In%aiiJ. f sale or transfer by gift of the Dwelling Unit, the orig'+i "11Nf},Ve+iain liable for the impact fees waived until said impact fees are paid in 611 or until 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. C 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 TenThousand Four Hundred Twenty- - 3 - OR: 2994 PG: 2776 Eight Dollars and Eighty Two Cents ($10.428,82), 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 requirements after flko�-(15) years from occupancy, or the expense of payment or rete ue_n. 9. BINDING EFFE This Agreement st Parties to this Agn nd their heirs, 10. RECORDING, This\A�g rn shall -1 I3 CA COUNTY in the Official Reco sof C< completion of this Agreement's issuance of the certificate of fees, the COUNTY shall, at evidencing such and be binding upon the assigns, by COUNTY at the expense of ier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager, 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 2994 K: 2777 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 IN WITNESS paid. an action or Impact Fees on the date and year firs) above Witnesses: real OWNER: or otherwise enforced by the or equity including the The COUNTY shall be attorney fees, plus on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNT , I INC) 0Y: ��%� Samua . Durso, M.D., President -s- OR: 2994 PG: 2778 STATE OF Florida COUNTY OF Coliier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking nowledgment Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped jr LAUREN J. BEARD MY O6 MISLUN A03 N !yfllllPf�� IVM/200' I.Mt $-NOT.UY M6MauyS--1k Ml,kCo STATE OF Bad" COUNTY OF Collicr The foregoing by Thomas W. 011iff, (NOTARIAL SEAL] Name of App val Recommen d Denton Baker, Interim Director Housing & Urban Improvement Taking COLLIER COUNTY, FLORIDA W. OLLIFF, CQUMY MANAGER k day of 2002 is personally known to me. MARY E. BECK MY (Y)M"=oN • cc%?M or Approved as to form and le suffici n y. Patrick .White Assistant County Attorney OR; 2994 Not 2119 EXHIBIT "A" LEGAL DESCRIPTION LOT 359 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. Type of Impact Fee A. Library Impact Fee B. Road Impact Fee C. Parks Impact Fee: D. EMS Impact Fee E. Educational Facilities Syt�iii F. Water Impact Fee G. Sewer Impact Fee H. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED "B" Fee - 7 - unt Owed 214.00 820.84 93.00 1,778.00 2,740.00 2,840.00 117.98 $10,428.82 CA 6. MAUXIANA abwpw� " 04 176�00 I 70,100* ch cm CA 6. MAUXIANA abwpw� " 04 176�00 I 70,100* . , 2944559 OR; 2994 PG; 2781 ttlaea is amau tubal al glut M", n 12/11/2M2 at ILIN NI/R 1. M. CM •tr" byl RE IN 27.51 r atan a wtda tautMIN i Ilia 11111011=11ears. arts awrrr euy. 3XI TawkwTnrnW /ICL Rim= WIC Nwkk rL 34112 112.2221 TW qwv rue remrdWS AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. S� � This Agreement for the v of Impact Fees i into this (Z day, of " 7 2002, by and between Board of County Cc Humanity of Collier C "Parties, WHEREAS, Collier to RECITALS: Impact Fee Ordinance, as it may be further R State of Florida through its and Habitat for " collectively stated as the Collier County Consolidated time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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 - P OR: 2994 PG: 2782 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 c �,dc*16ngoing Recitals, and other good and valuable consideration, the rec id sufficiency of wB�i tpeis reby mutually acknowledged, the Parties covenant and ag as of {� t 1. RECITALS 1N R g(Ry als are true and correct and are incorporated by f9 t E 2, LEGAL DESCR i N. The legal dere tion of elling unit and its site plan (the "Dwelling Im trached as Exhibit t It�pB is incorporated by reference herein. N -,!Y P "QTIL C1 V: ; 3. TERM. The term of this Agreement ;ti for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 u very low income as defined in the impact Fee Ordinance, and the OWNER'S monthly - 2 - OR; 2994 PG: 2783 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), 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, OW�J�f�utrjic�yavu is and agrees to comply with the affordable Jfedsiti>f imnact fee wai e afuilitication criteria detailed in the Impact 5. SUBSEQUENT which is subject c Unit shall tw sold set forth in the Iml Dwelling Unit, the persons or Ordinance, in until said impact fees are paid Ordinance and this Agreement ure satisfied. sells the Dwelling Unit purchaser, the Dwelling waiver qualifying criteria or transfer by gift of the for the impact fees waived conditions 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 Ten Thousand Four Hundred Twenty- - 3 - C OR; 2994 PG: 2784 Eight Dollars and Eighty Two Cents ($10,428.82), 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 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. requirements after fijtge"If) years from occupancy, or upo p orWymem-oi-to the expense of ► C U,Y��� I payment or rele 1 ie . 9. BINDING EFFE his Agreement A Parties to this Agred n nd their heirs, 10. RECORDING. This ; W t-shal4a IL; Cl COUNTY in the Official Recoeds'of-Ct completion of this Agreement's issuance of the certificate of E" fees, the COUNTY shall, at evidencing such and be binding upon the assigns. by COUNTY at the expense of County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 2994 PG: 2785 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 addido , ! ' iftu �fd� � d, or otherwise enforced by the COU�1 �by an action or salt ih aw or equity including the fn rinc �rn N+•f-=a., lodeaee onlreal \oiwe v. The COUNTY shall be 1 paid. 19 IN WITNESS Impact Fees on the date and year first above written. Witnesses: 1 X". attorney fees, plus on a calendar day this Agreement for Waiver of OWNER: HABITAT FOR HUMANITY OF COLLIER COUNTY B Samuel J.P o, M,D., Presu ent - 5 - OR: 2994 PG: 2786 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 191h day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person TakingAcknowledgment wR��1y, t.AURENJ.BBARD iyy � MYmwwpoH�ccmnr -•M �a�W. WIYYq I NO.J•NOTAAY n MwMA i C� r STATE OF EW" COUNTY OF Collier The foregoing by Thomas W. 011iff, [NOTARIAL SEAL) —Duren J. Beard Name of Acknowledger Typed, Printed or Stamped ^ COLLIER COUNTY, FLORIDA W. OLLIFF, �k4i)� ee�befo i" i „ Is') e— day of �, 2002 on behalf o t]�c C UNC a is personally known to me. ,faking A OW Name of Acknowledger Typed, Printed or A Val Recommended Denton Baker, Interim Director Housing & Urban Improvement MARY L BECK MY cnMM1WW #CCW' E1NIM API AW Zas" oformand cie Patrick G, ite Assistant County Attorney , EXHIBIT "A" LEGAL DESCRIPTION OR: 2994 PG: 2787 LOT 36, 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. TOTAL IMPACT FEES WAIVED Fee ? C11 - 7 - „B„ A nt Owed 214.00 ,825.00 820.84 93.00 1,778.00 2,740.00 2,840.00 117.98 $10,428.82 Type of Impact Fee — A. Library Impact Fee B. Road Impact Fee C. Parks Impact Feet D. EMS Impact Fee E. Educational Facilities S , t4\A'' I F. Water Impact Fee G. Sewer Impact Fee H. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED Fee ? C11 - 7 - „B„ A nt Owed 214.00 ,825.00 820.84 93.00 1,778.00 2,740.00 2,840.00 117.98 $10,428.82 11 L I� w :1 Prep" by: rw" G. wrae Ano. Cealer Cowiy An'y, aui TNWIUW Tru e..w N*m VL 31112 2944562 OR; 2994 K: 2805 fdaoaa Is omem Wo of == Om, n /3/17/2112 at 02:011 May 1. a=, eitK me 111 21,11 MR: /0111/01 MU IWK0111111 PICK WILUM am 412.2111 Thu rpwe rw ww " AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. .�,i� CST, y This Agreement for the7aL�%�t Fe s�iy?}i�} reed into this ,/`1 d`,ay of r, 4 tk.r...t 2002, by and between Board of County Co Humanity of Collier C "Parties." WHEREAS, Collier p State of Florida through its 1 1 and Habitat for " collectively stated as the Collier County Consolidated Impact Fee Ordinance, as it may be furtfibr-nt5tenlda-fi6m time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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 - R OR: 2994 PG: 2806 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 valuable consideration, the the Parties covenant and I. RECITALS incorporated by' c 2. LEGAL DESCR � N. The legal -Jt T going Recitals, and other good and of WhVi i Oereby mutually acknowledged, true and correct and are ing unit and its site plan (the "Dwelling Un=than is incorporated by reference herein. 3. TERM, The term u 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 u very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - OR: 2994 PG: 2807 payments to'purchuse 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), 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, OW R f} i h rc( v n nts and agrees to comply with the affordabl u.g impact fee w r lificution criteria detailed in the Impact cc t`nonce. 3. SUBSEQUENT R N 9 . lFj I W ER sells the Dwelling Unit which is subjec to e i > �iC f i r to U b: u nt purchaser, the Dwelling Unit shall be sol to persons or hou: Ids in he waiver qualifying criteria set forth in the Im F Ordinance. In�, sale or transfer by gift of the Dwelling Unit, the oWNER, shall i 'liable for the impact fees waived ca until said impact fees are paidd i 11 -or -until the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. b. 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 Ten Thousand Four Hundred Twenty- - 3 - OR: 2994 PG: 2808 Eight Dollars and Eighty Two Cents ($10,428.82), 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. D'si(ti� completion of this Agreement's requirements after fi (I3) years from th� t}Ca f issuance of the certificate of occupancy, or u p'6r��nt-of-thew ived i pac fees, the COUNTY shall, at the expense oft /rTy ti es a� oc mentation evidencing such payment or role ie . ����//U F 9, BINDING EFFE is Agreement sh:su, hn uh nd and be binding upon the Parties to this Agree n nd their heirs, ce , fs�0d assigns. 10. RECORDING. ThisA�ertje'�pj(pgshuli-jjg��jp by COUNTY at the expense of RHt� (✓4.�1 COUNTY in the Official Recor + o1 -C -se Iffier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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 - 10 OR; 2994 PG; 2809 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: u, 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 be 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 paid. IN WITNFSS W an action or Impact Fees on the date and year first above written. Witnesses: I�.. iTl 'Ifil,l ... 1.r /0 Ca/ or otherwise enforced by the or equity including the The COUNTY shall be attorney fees, plus on a calendar day this Agreement for Waiver of OWNER: HABITAT FOR HUMANITY OF COLLIER COUNTY IN BY - Samuel J. Ko, M.D., President - 5 - OR: 2994 PG: 2810 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J, Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. !?_ / (NOTARIAL SEAL) Signature of Person Taking Ack"ovAedgment LAUREN). WARD y Mvc0a0"M*0CMW N explM 024 Mt i -WO NOTARY /6 Nrryfw.,n, ANNA,M f- .. a. "....�.McryDAIV'V.,.r, STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. 011iff, [NOTARIAL SEAL] —_Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped COLLIER COUNTY, FLORIDA W. v n I e fo t ik #day of 2002 on half of I1F CO N e is personally known to me. ljon Taking Name of Acknowledger Typed, Printed Apmval Recommended Denton Baker, Interim Director Housing & Urban Improvement MARY & BECK My cnMMaMON # CC WM �a�,yMn,pw Approved as to form and Patrick IOW. WhiteV Assistant County Attorney OR; 2994 PG; 2811 EXHIBIT "A" LEGAL DESCRIPTION LOT 38, 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. A. e. C. D. E. F. G. H. Type of Impact Fee � lt4--G, Library Impact Fee Road Impact Fee C� Parks Impact Fee: C EMS Impact Fee Educational FacilitiesSyst tii`I . Water Impact Fee Sewer Impact Fee Correctional Facilities Impact Fee "B" A nt Owed 214.00 1,825.00 820.84 ,Q 93.00 Fee1,778.00 �] 2.740.00 2,840.00 117.98 TOTAL IMPACT FEES WAIVED $10,428.82 - 7 - pQr'08 � 170-Awl 70Aw i W • 0. ~ Ct Cl og t G-01' + + �;R Cou a' 76.tv D 1 coo 00'2. ►npne bn h&" G. ww. Ar'4 C*NW Carty Aa'y. J.MI TrdMY Tna EW (spin, pr. 34112 2944554 OR: 2994 PG: 2741 171/1II041 of II:NMI Met 1, mtRt, CM me M 71.51 Nt1: man i Moll ww MYr PIl1 Plum m111 117.2771 Uk spa's for re w&ft AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. — P`� v ` 1 This Agreement for thertn ae tered into this j2, day of 2002, by and between Collier oh ty. u political suuatvtstot Board of County Commis ion it�an�r rete to Humanity of Collier Count , In ert?i are t "Parties." n -- WHEREAS, Collier Coijhty,( tr inancc No. Impact Fee Ordinance, as it may be o State of Florida through its ," and Habitat for " collectively stated as the Collier County Consolidated to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing, and WHEREAS, OWNER has applied for u 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 Manuger, 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; 2994 PG; 2742 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 a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires thut the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in cont.d�""dkm valuable consideration, the rec t d sufficiency of the Parties covenant and ag7 fblo—ws:--- I. RECITALS INR incorporated by n i(e 2. LEGAL DESCR N. The legal Recitals, and other good and mutually acknowledged, true and correct and are ling unit and its site plan (the "Dwelling Un1q,4't, attached as Exhilii'� vA� d is incorporated by reference herein. 3. TERM. The term of this Agro nt is or no longer Than a period of fifteen (IS) years commencing from the date the certiticute of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain us affordable housing and shall be offered for sule 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 u very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - S. OR; 2994 PG; 2743 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fey: 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), as set forth in the attached Exhibit "%" incorporated by reference; and e, In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OW he Cc vb n s and agrees to comply with the �0affordayb kd mg impact fee wary ification criteria detailed in the Impac F 0'1. an �e. r SUBSEQUENT TR N EI W ER sells the Dwelling Unit which is subjec Cta '� ai cr to y u nt purchaser, the Dwelling Unit shall be sol to persons or house, , ids Lin the waiver qualifying criteria set forth in the Im t C Ordinance. In ther�as�e f sale or transfer by gift of the Dwelling Unit, the origi utn liable for the impact fees waived until said impact fees arc paid in full or until the conditions set forth in the Impact Fee Ordinance 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'ren Thousand Four Hundred Twenty- - 3 - OR: 2994 PG: 2744 Eight Dollars and Eighty'I'wo Cents ($10,428.82), 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 tuxes. 8. RELEASE OF LIEN requirements after f�f ee)K( IS) years from occupancy, or urn non pay moi to the expense of he I `i payment or rele ' i nri��` 9. BINDING EFFE This Agreement A Parties to this Agre nd their heirs, 10, RECORDING. This A �b 101"1 —' Vis. COUNTY in the Official Records of Ce completion of this Agreement's issuance of the certificate of fees, the COUNTY shall, at evidencing such and be binding upon the assigns. by COUNTY at the expense of County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11, DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualiticution 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-compliunce, 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 - OR; 2994 PG; 2745 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: u. Should lite OWNER of the property; (1) fail to comply with the said qualification criteria ut 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 IN WITNESS paid. an action or Impact Fees on the date and year first above Witnesses: Ill..• /.+ill i.► , real or otherwise; enforced by the or equity including the The COUNTY shall be attorney fees, plus on a calendar day this Agreement for Waiver of HABITAT FOR HU COLLIER COUNTI 0 - 5 - Samuel J. OF M.D., President OR: 2994 PG: 2146 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso. M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. /..C,1 (NOTARIAL SEAL) Signature of Person TA4 Acknowledgment Lauren J Beard Name of Acknowledger Typed, Printed or Stamped 1 LAUREN J. BEARD MYCAMMISLON /C('»1IM M CXIIRCSIIVIVM2 I.pF2•,gTARY Ib lMvy5,.vw,i Cu COLLIER COUNTY, FLORIDA ASW. OwffvNTY MANAGER STATE OF Florida . COUNTY OF Collier _f r mm The foregoing A IM k o le o t is day of 2002 by Thomas W. 011iff, Cou a f . he C - ,, a is personally known to me. (NOTARIAL SEAL) Signat b mon Taking Ackn nt r, It MAav &Beat exnw:,y,Iln.roo� Name of Acknow dg"er— yjjcd, Printed or Stam Approval Reeomme i k�D/3, Denton Baker, Interim Director Housing & Urban Improvement rA2proved as to form and eg uffi ie Patrick . White Assistant County Attorney 0 OR: 2994 PG: 2747 EXHIBIT "A" LEGAL DESCRIPTION LOT 18, 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" Type of Impact Fee mount Owed A. Library Impact Fee _vim' �� r 214.00 B. Road impact Fee (-0 , .825.00 C.Parks Impact Fee. 'jv 820.84 D. EMS Impact Fee �� G� 93.00 E. Educational Facilities S •tom IM iact Fee �� 1,778.00 F. Water Impact Fee \ i 011e 2,740.00 G. Sewer Impact Fee 2,840,00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED $10,428.82 - 7 - as - -al i OR; i'2994*.PGI 2748 OW& twO. 17 - I&" W alF � *.,W 70 cz, Lul V. c kohid rtrkt G. whae An't. CAlkr County AIPy, M Tamimol Trail East Napke, F1.30112 2894620 OR; 2935 PG; 1240 RECORDED to OINCIA! RECORDS of COLLIIR COUNTY, IL ;2!01/2001 at 02:178N DWIGHT I, BROCK, CLERK RIC III 37,50 RBtn: HOUSING d URBAN INFROYININ? ISTBR MICE ?C Hu, Thlr spar for recording AGREF,MFNT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLF•FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. 4k This Agreement for the entered into this 9 day of r„1J1, 2001, by and between Collier Board of County COmillissli Humanity of Collier County I "Parties." C� WHEREAS, Collier r referred Ordinance No, the State of Florida through its Jas ," and Habitat for " collectively stated as the lier County Consolidated Impact Fee Ordinance, as it may`tj(�Pl�r amended f��e'to time, hereinafter collectively referred to as 'Impact Fee Ordin nceitowic�c?yf` 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 - WHEREAS, the impact fee waiver shall Ix 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 ('aunty 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 all Agreement with the COUNTY. NOW, THEREFORE, in con//sid�eg��gr�a,, :tMI-40,�t le foregoing Recitals, and other good and valuable consideration, the receip�rtt�d�Srt3ic jeyti iS hereby mutually acknowledged, the Parties covenant and agree sCr to' ws: i. RECITALS INC RP R 'EE�Jrh,for�g ing Re �itals are true and correct arid tire incorporated by cfe it hh� ci t. 2. LEGAL DES C �N j1' gtl C -S ptka:_i 611 ��ij citing unit and its site plan A� (the "Dwelling is attached as Ex t " 1 " a is incorporated by reference herein. 3. TERM. 'Phe term of this,A tie.0 lunger than a period of tifleen (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 it very low income us 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 it first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of lite: 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 atmounl Of Seven Thousand Six Hundred Ninety -Bight Dollars and Eighly Two Cents ($7,618.82), as set forth in the attached Exhibit -B,- incorporated by reference; and C. In return for the COUNTY'S waiver of the impact fees Otherwise Owed by OWNER, OWNER`fjlrthe(.r.'_covenantS and agrees to comply with the t affordable hge vitI i puit-i'e2�4yr' ualificatiun criteria detailed in the Impact F e inunce. 5. SUBSEQUENT RA S1F9R EP YM6N If W 'R sells the Dwelling Unit which is subject to c In Cl le L iv I i I sti que It purchaser, the Dwelling Unit shall to sol ill ca rslltl iuv holds- -Well E I e waiver qualifying criteria set forth in the Imwt ee Ordinance. [it <.Is I �ij:.de or transfer by gift of the Dwelling Unit, the o im WAINER shall reptaii t le for the impact fees waived until said impact fees are pal u$ It coolt e conditions set forth in the Impact Fee - - Ordinance and this Agreement are satisfied. N .s} N 6. AFFORDABLE REQUIREMENT. The Dwelling Unit midst 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 lite 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 (57,699.93), as set forth in attached Exhibit "B," This lien nay he foreclosed uptm in the event Of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY :utd OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the C'OUN'rY, 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, tenet, mortgagee, or other person, except thin this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN. Up!ojatkdqctory completion of this Agreement's requirements after lifice�I� l 1rrss-Vrciii 11Ic, Of issuance ill' the certificate of occupancy, or upon ri�r ayntent of the waive inpa •t fees, the COUNTY shall, at the expense of th CC 1N 'N eco d any it •essary dec unentatiun evidencing such payment or releus of jeer . �� �� 9. BINDING EFFE �ilti11is✓ f,rcR r it . x 1 run 't t i td and be binding upon the -w Parties to this Agre •iq and their heirs, sub ssS rs t assigns. N 1 .o � � w 10, RECORDING. This "s�� . t shall he req)t COUNTY ;t the expense Or COUNTY in the Official eG L ,-c unty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. w 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 nailing of written notice of said nun-compliance, or b. OWNER continues to violate any of the affordable housing quufitication criteria in the Impact Fee Ordinance for a 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) 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 anwunt Of impact fees waived shall be paid in fail by OWNER to (he COUNTY within thirty (30) days ot'written notification ofsaid violation. h. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days after smiling of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the Henn nun se he foreclosed, or otherwise enforced by the COIJN I'y!, V%ANy:Riiu tS in law or equity including the forec�lou chi✓ t a" mortgage un rc:i��prc pxrty. The COUNTY shall he attorney tins, plus laud on a calendar day IN WITNESS WHERit(YP4he Parties have rx.VAaVtYtthis Agreement for Waiver of Impact Fees on the date and your Witnesses: OWNER: HABITAT FOR HUMANITY OF Print Name, : �, COLLIER COUNT ,INC,., Samuel J. Durso, M.D., President - 5 - OR: 2935 PG: 1245 STATE OF F[oridu COUNTY OF Collicr I The foregoing Agreement was acknowledged before me this -I-- day of2001 by Samuel J. Durso, M.D., Presidt for f hununity of Collier County, Inc. Ile is personally known to me. [NOTARIAL SEALI STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. OlIiff, [NOTARIAL SEAL] of Approval Recommended Greg Mi h ic, Director Housing & Urban Improvement ledger "typed, Printed or Stamped COLLIER COUNTY, FLORIDA 6 -- � l _ day of lc is personally known to me. wv MARY E. ok BECK a. MoN0 C,(,9 M Me Sa X.� ted or Stamped Approved as to form and Sfli W G. Assistant County Attorney EXHIBIT"A" LEGAL DESCRIPTION LOT 17, BLOCK C, HABITAT VILLAGE, ACCORI)IN(: '1'O'rHE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FXHIBIT "B" 1 N Type of Impact Fee Q=,\Amuunt Owed A. Library Impact Fee � -� -- 6 214.00 B. Road Impact Fee1� 825.( C. Parks Impact Fee:�YN E 820.84 p D. EMS Impact Fee 93.00 N <D E. Educational Facilities ' Impact Fee ( 1,778.00 w F. Water Impact Fee —����)�� 1,275.(X) G7 G. Sewer Impact Fee 1,575,00 N .ray H. Correctional Facilities Impact Fee 117.99 cr% TOTAL IMPACT F'E&S WAIVED - 7 - $7,698.82 CD CA w m t4 806 fla io f� 00`06'28 75.00' C c 7 .. "Co "Co Ca CA CAN o d w �. CIO �I► 73.00' h—� A -6 I11tx coi _ w 12'D• . t4 F--� co WOO i , 9 V11 OR: 2935 PG: 1'� i •a,o o� o w 8E0 � II� L13 ,0. q3o. V' .T(J.01 Fnp.rea ey, P ab*k G. wtdk A.'t COMW cawy Aa'y. 3M1 TWrY TnQ Had Wplm FL 31112 2944555 OR: 2994 PG: 2749 /1/171101 at !2:41111 W 1. Idt1, am de 111 17." fats: "am t MU 11110"M Iia NIUM dW 01.1111 Thk wp. Por ria AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the W/v��i�f�letC\V tared into this fi,'tday of _f 2002, by and between Collier C uht-yid political subdivisio 0 t State of Florida through its Board of County Commissi fie hL�teiha ter fere to as "C UNTY," and Habitat for Humanity of Collier County, Inc, iroi ft r o ER " collectively stated as the "Patties." WHEREAS, Collier Cod1t mance No. 2001-1�t Collier County Consolidated Impact Fee Ordinance, as it may be M�g�r�iine/in li to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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 rile in the office of Housing and Urban Improvement Depanment: 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; 2994 PG; 2150 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, w; 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 Agivement, 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 c91t�+�Milgn &f tt0,j�rq ping Recitals, and other good and valuable consideration, the rece sufficiency of wh' reby mutually acknowledged, the Parties covenant and al; as 11 �—��- 1. RECITALS INC R �aCr(`�,I?r q' F(WF Bj p als re true and correct and arc incorporated by �c c 2. LEGAL DESCRI N. The legal deser on t't0 elling unit and its site plan (the "Dwelling Uni ' x tt�ached as Exhibit ` �� is incorporated by reference herein. 0Y 1-- r� Cly>>- 3. TERM. The term of this AgnemenTiss'for no 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 standurds 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 t�� OR: 2994 PG: 2751 payments to purchase and pity for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. OWNER is u first-time hone 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 pursuunt to the Impact Fee Ordinance owes impact fees in the total amount of Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), us 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, OWN`� _VJ r- �n s and agrees to comply with the affordable/ I g impact fee waiver gt►ulification criteria detailed in the 5. SUBSEQUENT R $E 8 Ik i f N R sells the Dwelling Unit which is subject tp)t n i to s • que t purchaser, the Dwelling Unit shall be sold o persons or house h s eeee0no waiver qualifying criteria set forth in the Imps> 1 yO�rdinance. In the" sale or transfer by gift of the Dwelling Unit, the origi u�OW'FIR liuble for the impact fees waived until said impact fees are paidinfulll or until 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 ccuses 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 Ten Thousand Four Hundred Twenty- - 3 - OR: 2994 PG: 2152 Eight Dollars and Eighty Two Cents ($10,428,82), as set forth in attached Exhibit 11B." 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. requirements after fif(fe�,)(1'S) years from occupancy, or u n pr orjyya»em-ter uu g the expense oft tjjN�j�rd1 payment or relea ) i Vt. 9. BINDING EFFE his Agreement st Parties to this AS n nd their heirs, 10. RECORDING, This ° n1G "hall -I Cl COUNTY in the Official Records. f C( completion of this Agreement's issuance of the certificate of fees, the COUNTY shall, at evidencing such and be binding upon the assigns. by COUNTY at the expense of County, 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 Puy 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) duys utter mailing of written notice of the violation. - 4 - OR: 2994 PG: 2753 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: u. 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 be in default of this Agreement, and the default is not cured within ninety (90) duys after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. C. In addition, figs iitW losed, or otherwise enforced by the COUN an tion ori law or equity including the fore oumartgag o real p pe y. The COUNTY shall be en tic M a d u qot)t% in luding attorney fees, plus int rem ut the a t rr or j gViie tpc Iculated on u calendar day bas �'I paid IN WITNESS WHEREO,1W,?urties�tave-px'0'*d this Agreement for Waiver of Impact Fees on the date and year first Witnesses: OWNER: HABITAT FOR COLLIER COU - 5 - Samuel M.D., OF OR: 2994 PG: 2754 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County. Inc. He is personally known to me. (NOTARIAL SEAL] Signature of Person Tafing Acknowledgment Lauren J. Beard EARD Name of Acknowiedger Typed, Printed or Stamped LAUREN J. OCO"I �j,i7� MY ('OMMISSION I('('v*•Igtl "7a„� L'X%RY.S Iw, o. -w, 14WI�NDTMIY i4 Wvw} SnvKn t W+.Lu lL COLLIER COUNTY, FLORIDA �00�1� f S W. OLLIFF, NTY MANAGER STATE OF ELQd A COUNTY OF Collier The foregoing Agree t a lre fore V`hi *day of�/, 2002 by Thomas W. 011iff, County a on ' d f CO is personally known to me. (NOTARIAL SEAL) Signatu bf n Taking Acknowrnt1. tv +� MARY EL BECK Xn�'Mlli% Name of Acknowledger"TiWd, Printed or Stam Approval Recommend nton Baker, Interim Director Housing & Urban Improvement �7� Approved as to form and egufficie Patrick . White Assistant County Attorney OR: 2994 PG: 2755 EXHIBIT "A" LEGAL DESCRIPTION LOT 19, BLOCK C, 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. Type of Impact Fee A. library Impact Fee / B. Road Impact Fee( C. Parks Impact Fee: D. EMS Impact Fee E. Educational Facilities Sy. 0@ i F. Water Impact Fee d. Sewer Impact Fee H. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED EXHIBIT "B" Fee - 7 - ant Owed 214.00 1820,84 93.00 1,778.00 2,740,00 2,840.00 117.98 $10,428.82 OR: ,.2994 PG: 2756 20000 0 M o 00 ` 000. '76 . #. CAW 1 1,00 . �� w ' �. '. ,�. Tom`' �� �, � 1\' \\'{°`•V . h� �"'''"� `�4.. • , coo Or cj: coal 00,x .' . � 75;00, r •70.00 1:, . Portmed brt Aro. Colder CoMMr AWY. M Tudow Trou Krt KWk16n 31117 2944553 OR; 2994 PG; 2733 BMW ►. anew MW of cam cam, n Il/IT/ml It Il:Nlw Him 1. not clim Ia la R." Itb: mix I MU 1111111011NY1 IIN Rim1111 11111 413-H31 T►4 epw rw reeordMK AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE. HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. 104, This Agreement for the W�u r � pact -W tered into this LE di y of Fr.k►.utc__1 2002, by and between Collier ohtjtf�litical suyivisi of* State of Florida through its Board of County Commis io fffass/ re ter refe to "\ UNTY," and Habitat for Humanity of Collier Count , In ., t ere a er re' � t. I t ¢E ," collectively stated as the • Parties. j RECITAL ' WHEREAS, Collier Co t finance No.2 1-1 Collier County Consolidated Impact Fee Ordinance, as it may be time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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 rile 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: 2994 PG: 2734 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 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 valuable consideration, the the Parties covenant and i, RECITALS INC R t incorporated by to c+ hg 'n( 2. LEGAL DESCRI } The legal (the "Dwelling Uni ' is - nuched as herein. C)w 3, TERM. The term of this Agreem�n omg Recitals, and other good and of wreby mutually acknowledged, t� true and correct and are ling unit and its site plan is incorporated by reference no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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; 2994 K: 2735 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 tint -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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), as set forth in the attached Exhibit 'B;' incorporated by reference; and e. In return for the COUNT ' w`iver. of the impact fees otherwise owed by OWNER, 0 $ i rtfie� tk4jt�tt;,�and agrees to comply with the affordable ►toA•'mti S Impact fee wuiv'a�Yual kation criteria detailed in the 5. SUBSEQUENT R F P c N R sells the Dwelling Unit which is subject o t irh 't w la r to +Ub ij nt purchaser, the Dwelling Unit shall be sold i o persons or hour s tI the waiver qualifying criteria set forth in the Im Ordinance. In t f sale or transfer by gift of the F_-- ,i�� Dwelling Unit, the origin 1to liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the impact Fee Ordinance 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 ceuses to be utilized for that purpose during such period, the full amount of the waived impact fees shall he immediuteiy 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 Ten Thousand Four Hundred Twenty- - 3 - OR: 2994 PG: 2736 Eight Dollars and Eighty Two Cents ($10,428.82), 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 subordinute 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. StQtbry gompletion of this Agreement's requirements after ri eji 5) years from the Ie o issuance of the certificate of occupancy, or upo pri r to`f�e'wG ed im I ees, the COUNTY shall, at the expense of t C ON. c r u ntation evidencing such payment or relea17f E 9. BINDING EFFE is Agreement shallraw Ih nd and be binding upon the Parties to this Agree 1st their heirs, successo assigns. 10. RECORDING. This AS �� _u �by COUNTY ut the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT, OWNER shall be in default of this Agreement if., a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (IS) days after mailing of written notice of the violation. - 4 - OR: 2994 PG: 2131 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 IN WITNESS paid. an action or Impact Fees on the date and year first above written. A UV! . 1. ' )!.. a 7A./ �A ZITV4 OWNER: or otherwise enforced by the or equity including the The COUNTY shall be attorney fees, plus on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNTY INC. B Samuel J. Dw6, M.D.. President - 5 - OR: 2994 PG: 2738 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D., President of Hubitut for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Takings nowledgment ...... `11 LAUREN J. BEARD u}� MY a)nMISSIbN _Lauren J. Beard Name of Acknowiedger Typed, Printed or Stumped I.NPI.NOTAAY fi. NrN, 1m'.4 R..r.Lnk t". COLLIER COUNTY, FLORIDA MANAGER STATE OF Florida COUNTY OF Qllier The foregoing Agreet a • o II e ore thi day of '2002 by Thomas W. 011iff, County as er,on 'fia1T 6 t C is personally known to me. (NOTARIAL SEAL) Signatuk6l , qon Taking Name of Acknowledgee yr ped, Printed or A royal Recommen d Denton Baker, Interim Director Housing & Urban Improvement Z� MARY E. BECK wyammmm•m"?m NtvKoved as to form and leg suffi ' cy. 50��4 — Putricl G. White Assistant County Attorney 01: 2994 PG: 2739 EXHIBIT "A" LEGAL DESCRIPTION LOT 12, BLOCK C, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH $1, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Type of Impact Fee A. Library Impact Fee B. Road Impact Fee ii C. Parks Impact Fee: C D. EMS Impact Fee E. Educational Facilities Syst 'a F. Water Impact Fee G. Sewer Impact Fee H. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED CA - 7 - ,B„ ant Owed 214.00 E� 820.84 93.00 1,778.00 2,740.00 2,840.00 117.98 $10,428.82 Fl�l %mv Iwo %no %0 W OR: 2994 PG: 2740 z rp CQ 0) 400* co . W 04 10-i ce OR �m 400099 I r,,,. r -r nw.kr G. wrue Ar11. C*0w Caw*y Aa'y. 3.111 Took" Tra" F.W Not" Pt. sttt: 2944577 OR; 2994 PG; 2907 000 11 WIICM 11M 1t t'IRtIU MM, n 17/I7/2111 it 12:11!1711191 L llbei, CM the M 77.51 1171: tpplM9 ! N111 (g101p111t PIU R/LIN>1 11AM 4131338 TYW Owe for rteaediatt AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the AmptaCm�04gedinto this d d'ay of y 2002, by and between Collier CoL fy, a political Board of County Commis4o rs,�Wreitoer� Humanity of Collier Count , In ., a et re c "Parties." �f WHEREAS, Collier Co1r CO!x1 nance No. Impact Fee Ordinance, as it may be is o be State of Florida through its Io OUNTY," and Habitat for c NE ," collectively stated ac the Collier County Consolidated to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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 - i - OR; 2994 PG; 2908 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 o�ivtd,4M valuable consideration, the rec 1 )1 d'sufficiency of the Parties covenant and ag as oll sk, 1. RECITALS IN ORRI incorporated by P; tom,/ 2. LEGAL DESCR N. The legal Recitals, and other good and f -q mutually acknowledged, true and correct and are unit and its site plan (the "Dwelling Uni ' i� tached as Exhibil'-d d is incorporated by reference herein. r PL CIA- �, 3. TERM. The term of this Agreement is for no 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 u very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - OR: 2994 PG: 2909 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), as set forth in the attached Exhibit "B;' incorporated by reference; and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWt �c is and agrees to comply with the affordable rig impact fee wu5 ification criteria detailed in the Impact Feece. — S. SUBSEQUENT R,N$FF�PA .��clfj� N R sells the Dwelling Unit which is subject toy n) 1. 1 "� i r to sv b • at purchaser, the Dwelling Unit shall be sold I to persons or house Ids a he waiver qualifying criteria set forth in the Im q Ordinance. In t / sale or transfer by gift of the Dwelling Unit, the origi�� SER–sh I u,", liable for the impact fees waived C until said impact fees ure pai (0 u' til 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 thi3 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 Shull constitute and be a lien on the Dwelling Unit in the amount of Ten Thousand Four Hundred Twenty- - 3 - OR; 2994 PG; 2910 Eight Dollars and Eighty Two Cents ($10,128.82), 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 u 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 OFLIEN.i��jigiijj�.Qsjeury completion of this Agreement's requirements after occupancy, or uthe the expense of payment or releN , 9. BINDING Parties to this 10. RECORDING, This years from This Agreement COUNTY in the Official and their heirs, of issuance of the certificate of E� fees, the COUNTY shall, at evidencing such and be binding upon the assigns. by COUNTY at the expense of County, 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 atter mailing of written notice of the violation. - 4 - I'll: 2994 PG: 2911 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 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 IN WITNESS paid. an action or Impact Fees on the date and year first above Witnesses: Print Print 1,416 real OWNER: or otherwise enforced by the law or equity including the The COUNTY shall be to luding attorney fees, plus Iculated on a calendar day IN I this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNT Samuel J. trso, M.D., President - 5 - OR; 2994 PG; 2911 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking A nowledgment r C LAUREN),RF.ARD II MY MMMISMON 0 M"'M VXMR15: WOW .IIWINWARVi1�NnWy SMKe,t14v.1 n, t'� STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. 011iff, (NOTARIAL SEAL) Name of —laturen J. Beard Name of Acknowledger Typed, Printed or Stumped COLLIER COUNTY, FLORIDA W. OLLIFF, COVK11Y MANAGER pknc�w �e 'V" th);*day of �l t' .2002 on half fl C N � cis personally known tome. Approval Recommends iit C� C��V— Denton Baker, Interim Director Housing & Urban improvement Taking MARY H, HECK � j M1' <'OMMRWON i CCat7!!y �.t%MR86: ApY Y1.11Ry Printed or proved as to form and uffic i y: Patrick G. White Assistant County Attorney OR: 2994 PG: 2913 EXHIBIT "A" LEGAL DESCRIPTION LOT 8, BLOCK Co HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH Si, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Type of Impact Fee A. Library Impact Fee B. Road Impact Fee ( C'NI ^� C. Parks Impact Fee: C D. EMS Impact Fee�� E. Educational Facilities Sy. t i F. Water Impact Fee \ G. Sewer Impact Fee H. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED It CW-' - 7 - 6{B„ count Owed 214.00 ,825.00 820.84 93.00 1,778.00 2,740.00 2,840.00 117.98 $10,428.82 Mob ,00'7A. Os WM=41 .00w m 0I cc i OR: 2994 PG: 2914 �:4v=+ �m x .� m &93690 x b goo' m I. 00 .Ito Lm •• s • 0 cv cle coIc co 000'99 .I of AwAZ's CQ Ton,� i , • V Pegw +bye Ao t.CeOwCoodrAny. 3301 TNEWW Tna Far Nspk4FL34133 2944608 OR: 2994 PG: 3057 11Lw111 U ancm Mt01N H mutat am, n I1/111tNi at 12:41M MOI 1. 111![, CM W M 21,11 Mte, IIIR1 I Mill 1111111MR na Mlwm UW 133.2331 TYY,pn ruc "cmdly AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for they4vWr of Impact FeesU rid into this f2 day of 2002, by and between Collie C t liticai_suision f t State of Florida through its Board of County Commis doi e f —t 'C UNTY," and Habitat for Humanity of Collier Count (hlere a ere to u W E ," collectively stated as the "Parties.,, RECITALS: �0 WHEREAS, Collier Coun 1 ancc_No.-,2 t�1� the Collier County Consolidated ALL CA Impact Fee Ordinance, as it maybe furthe?emended' rom time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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; 2994 PG: 3058 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 a waiver of impact fees for OWNER in support of creating Af'f'ordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in co sJti(r�1!10nto going Recitals, and other good and valuable consideration, the rece' sufficiency ofwh'Ch�j, hereby mutually acknowledged, the Parties covenant and ag us1vis. 1, RECITALS INC ggFpgCRgy tuls are true and correct and are incorporated by 2. LEGAL DESCRnQN. The legal (the "Dwelling UnlV)A1i,,anachcd as herein. 3. TERM. The term of this unit and its site plan is incorporated by reference no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as af'f'ordable 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 u very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - OR: 2994 PG: 3059 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 -tine 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), 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 �Gl A is and agrees to comply with the affordable oust Impuct tee wuty� Cticulion criteria detailed in the Impact cc rdj e --� r7 7 S. SUBSEQUENT which is subject t Unit shall be sold set forth in the Im, Dwelling Unit, the persons or Ordinance. In until said impact fees are paid sells the Dwelling Unit purchaser, the Dwelling waiver qualifying criteria or transfer by gift of the for the impact fees waived 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 ccases 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 Ten Thousand Four Hundred Twenty- - 3 - 0R: 2994 PG: 3060 Eight Dollars and Eighty Two Cents ($10,428.82), 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 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. requirements after frft�,(13) years from occupancy, or u n p orMyment-ot-tn the expense oft Cl,}V�"�Y/, b i payment or rete ie 9. BINDING EFFE is Agreement sh Parties to this Aeree at d their heirs, 10. RECORDING. This completion of this Agreement's issuance of the certificate of fees, the COUNTY shall, at evidencing such and be binding upon the assigns. by COUNTY at the expense of COUNTY in the Official Records of`ColCier County, Florida, within sixty (60) days after execution of this Agreement by the County Manuger. 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 criteriu 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 u period of fifteen (15) days after mailing of written notice of the violation. - 4 - OR; 2994 PG: 3061 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. ren IN WITNESS paid. x 6 1 , or otherwise enforced by the an action or stiff yin aw, or equity including the oma age o al p The COUNTY shall be V" t a me uding attorney fees, plus ut t ry� 1 'or ju ren J,•e Iculated on a calendar day a� Cklot d this Agreement for Waiver of Impact Fees on the date and year first above Witnesses: B ig OWNER: HABITAT FOR HUMANITY OF COLLIER COUNTY C , B Samuel J. Du M.D., President - 5 - 05A: 2994 PG: 3062 STATE OF Florida COUNTY OF Callier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. E' [NOTARIAL SEAL] Signature of Person Taking vt nowledgment ►- LAUREN) -BEARD MYcolowumoccn1M1 « Yin1V1F. 024W 1.1*0L$'NMA1tV rrwr.y6. & c. STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. 011iff, [NOTARIAL SEAL] Lauren J. Beard Name of Acknow ledger Typed, Printed or Stumped COLLIER COUNTY, FLORIDA MANAGER d U fo���h�s day of �!�% , 2002 on ' alf o C N tti a is personally known to me. Taking Name of Acknowledger Typed, Printed or Aval Recomme I Denton Baker, interim Director Housing & Urban improvement MARY 8. BECV my roMM+� EXNVY& APO 2Z Approved as to form and 1; al su enc Patrick G. White Assistant County Attorney OR; 2994 PG; 3063 EXHIBIT "A" LEGAL DESCRIPTION LOT 99 BLOCK B, 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. Type of Impact Fee A. Library Impact Fee B. Road Impact Fee C. Parks Impact Fee: D. EMS Impact Fee E. Educational Facilities Sys eLn F. Water Impact Fee G. Sewer Impact Fee H. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED "B'• ow - 7 - nt Owed 14.00 1 825.00 5 A� 820.84 h� 0 93.00 1,778.00 2,740.00 2,840.00 117.98 $10,428.82 F..o.eee ert Mr"G. WIWA Aso%CoMw Cow ly AWY. JYt Tool" Tna FAA Nopin, FL Jrl is 2944609 OR: 2994 PG: 3065 gem is offIm pI of tbtM CM, R 111/1/1102 at 11:1111 WIN? 1. 111106, Calc W M 11,11 Iota: MM i 111111 IIf101M911 100 w1uCtttll IUN 111.1331 Thk epee rue rawdloe AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. �I� C'QU� This Agreement for the � �t F 1-i6, 'ped into this LEly of reu, •j 2002, by and between Collie �C itny _ po 1. al su 'vision of the State of Florida through its Board of County Commis ion n r c f —t "C LINTY," and Habitat for Humanity of Collier Count ,In re ila erre d - It to W �E ." collectively stated as the "Parties." { RECITALS: �0 WHEREAS, Collier Courdin ca n Nog._ -2 Collier County Consolidated Impact Fee Ordinance, as it may be furti ttdeft6in time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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: 2994 PG: 3066 WHEREAS, the impact,t'ee 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. 1,b, of the Impact Fee Ordinance, as codified in the County's Code of Luws 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 valuable consideration, the recei i the Parties covenant and agree s f. I. RECITALS INCO Pd incorporated byre1 � Y 2. LEGAL DESCRI .f (the "Dwelling Unit' herein. of The legal hed as Exhibit "WYr � IU C11�C Recitals, and other good and mutually acknowledged, true and correct and are ing unit and its site plan incorporated by reference 3. TERM, The term of this AgrectttetirliFfar no longer 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; o. 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; 2994 PG; 3067 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fey; Ordinance'. b. OWNER is u first -lime 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428,82), 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, O 1j� e�and agrees to comply with the affordabl 1i' n im act fee criteria detailed in the B p 1 5. SUBSEQUENT �R,�WINI.,~* `f,6�VN�R sells the Dwelling Unit which is subject fort 1.ec W ' . r to a •tib• imt purchaser, the Dwelling Unit shall be sold 1. o persons or house s tih he waiver qualifying criteria set forth in the Imp F �Ordinunce. In'�}�+v GJ sale or transfer by gift of the Dwelling Unit, the origin 1IIithtuin liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 Ten Thousand Four Hundred Twenty- - 3 - OR: 2994 PG: 3068 Eight Dollars and Eighty Two Cents ($10.428.82), as set forth in attached Exhibit "B." This lion 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 requirements after occupancy, or u the expense of t payment or rete 9. BINDING Parties to this •(15) years from then my nn `off"'ved n s? I\JI� Agreement shall �y nd their heirs, successt of this Agreement's issuance of the certificate of the COUNTY shall, at evidencing such and be binding upon the assigns. 10. RECORDING. This Ag ` rt %i� tiu � b06d by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if; a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of filieen (15) days after mailing of written notice of the violation. -a- OR: 2994 PG: 3069 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 addit paid. IN WITNESS Impact Fees on the date and year first Witnesses: i an action or real •KI ,IIM or otherwise enforced by the law or equity including the The COUNTY shall be attorney fees, plus on u calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNTY 7 BY• Samuel J. Dyolro, M.D., President - 5 - OR: 2994 PG: 3070 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D.. President of Habitat for Humanity of Collier County, Inc. He is personally known to me. (NOTARIAL SEAL] Signature of Person Takin nowledgment �+ LAUREN I. BEARD y_ M WYCOwAb7 MraMt" +► "Ma m Wu �KIW)NOYAMY MMq/Y Y. MA/W�Ce STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. 011iff, (NOTARIAL SEAL) Name of Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped Cir AvaI Recommend Denton Baker, Interim Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA MANAGER day of 2002 is personally known to me. MARY E BECK M1VC0MMWKWI0C4V M EMM Apo a MM Printed or Approved as to form and e suffi ' y: Patric G. White Assistant County Attorney OR; 2994 PG; 3071 EXHIBIT "A" LEGAL DESCRIPTION LOT 109 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. A. B. C. D. E. F. G. H. Type of Impact Fee Library Impact Fee Road Impact Fee Parks Impact Fee: EMS Impact Fee Educational Facilities Sy Water Impact Fee Sewer Impact Fee Correctional Facilities Impact Fee Amount Owed _ 214.00 1 825.00 l 820.84 -0 93.00 1,778.00 Qu 2,740.00 --- . 2,840.00 117.98 TOTAL IMPACT FEES WAIVED $10,42&82 - 7 - 06 1~ 10 W v N 00 30 y .. •. iiW�'• r.:yh 06 1~ 10 W v N 00 30 y I hvpwvd M+ PMrk4G. wrlk Ar'L CoYkr CowMy Aa'y. JAI Thrk.l hal Pi,t NopkN FL 34112 2944603 OR: 2994 PG: 3011 nt I I IN OMCM new of Mwn mm, n /2/117/ml at IIAIN Ulm 1. um, cm me 111 21.51 bq: t10M111 1 nu IMIO/w Fla R/Ull ml "M 112.2221 This spwo for r*Lwdly AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Impar F `i6�hTd into this Lj4day of amu! 2002, by and between Board of County Humanity of Collier Count Inc "Parties." CC WHEREAS, Collier Impact Fee Ordinance, as it may be e State of Florida through its ," and Habitat for " collectively stated as the REC1T No. Irl vi6e Collier County Consolidated � rom time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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 rile 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; 2994 PG; 3016 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 I'ee waiver; and WHEREAS, pursuant to Section 74-201, E.l.h. of the Impact Fee Ordinance, ac 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 co s eM" oing Recitals, and other good and �T C valuable consideration, the recei n % ufficiency of ww i f�i�i3 reby mutually acknowledged, the Parties covenant and agree s f I. RECITALS INC RP6kXWD- tt gc+if+g Retp'i Is true and correct and are incorporated by fi ck�c inkJ 2. LEGAL DESCRI qj The legal descm tion f t elling unit and its site plan (the "Dwelling Uni Nnuched us Exhibi is incorporated by reference herein, t 0 3. TERM. The term of this Agre ent–ts no 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 sot 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: 1994 PG: 3019 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 tees in the total amount of Ten Thousand Four Hundred Twenty -Eight Dollars :aid Eighty Two Cents ($10,428,82), us 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, OW�i Rt us and agrees to comply with the affordabl o . rfig impact fee waivffication criteria detailed in the Impact ee @cc. J 5. SUBSEQUENT R " f`' N R sells the Dwelling Unit which is subject tko) Al) t ' i r to s b: qup t purchaser, the Dwelling Unit shall be sold o persons or house s ee I waiver qualifying criteria set forth in the Imp, V Ordinance. In the'" sale or transfer by gift of the ou Dwelling Unit, the on'gil Qt/�� liable for the impact fees waived i i until said impact tees are paid in t'ul or until the conditions set forth in the Impact Fee Ordinance and this Agreement seresatisfied. 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 Ten Thousand Four Hundred Twenty- - 3 - OR: 2994 PG: 3020 Eight Dollars and Eighty Two Cents ($10,428.82), as set forth in attached Exhibit ,,&- 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 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 tuxes. 8. RELEASE OF LIEN,, -4' o completion of this Agreement's requirements after tee 15) years from the u�e f issuance of the certificate of occupancy, or u n p or�rityatt of fhe ived 1 ac fees, the COUNTY shall, at the expense of I �o n• es oc mentation evidencing such payment or re ea 9. BINDING EFFE is Agreement sh z in 1-It�C and and be binding upon the Parties to this Agree r�t tld their heirs, succe (� d assigns. 10. RECORDING. This Ag ed by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER Shull be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the uffordable 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: 2994 PG: 3021 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: u. 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 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 tuition to enforce the Agreement. c. In addition, paid. IN WITNESS Impact Fees on the date and year tint Witnesses: MAN E" NNIM i A,closed, or otherwise enforced by the action or i'' i , law or equity including the wtgag"oo real p pe y. The COUNTY shall be = e u -�y in lading attorney fees, plus ry r t for j g t,c Iculated on a calendar day h� U ll s- av c�`us�e this Agreement for Waiver of OWNER: HABITAT FOR HUMANITY OF COLLIER COUNT /61AIIIXM�"� B Y: Samuel J.rso, M.D., President - 5 - OR: 2994 PG: 3022 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. 1 / [NOTARIAL SEAL) Signature of Person Takingkc-k towledgment LAuren J Beard Name of Acknowledger Typed, Printed or Stamped 4AURENIOR"D �( MVooMInpWNlCcmnl COLLIER COUNTY, FLORIDA NhjP !%NOES: 169UJ007 ov YY Nobly$....,a b B AS W. OLL[FF, COUI STATE OF Florida` — COUNTY OF Qliier The foregoing Agree at ac5to I d (hi qday of�, 2002 by Thomas W. 011iff, County A, g bah 1f 4 t CO N Y Eta is personally known to me. (NOTARIAL SEAL) Signatu on Taking Ackhdwl ti nt MARV pIWCX // ) °pwwnwoN�a Name of Ackno ted c:[_._ �P rated or Stamped Ap roval Reconu e d Approved as to form and eg uffic' cy: Denton Baker, Interim Director Patrick G. White Housing & Urban Improvement Assistant County Attorney - 6 - OR; 2994 PG; 3023 EXHIBIT "A" LEGAL. DESCRIPTION LOT 149 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. Type or Impact Fee A. Library Impact Fee / B. Road Impact Fee { P� ! C, Parks Impact Fee: D. EMS Impact Fees, E. Educational Facilities Sp tdQ F. Water Impact Fee d. Sewer Impact Fee H. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED „B„ Fee %� - 7 - count Owed 214.00 ,825.00 820.84 93.00 1,778.00 2,740.00 2,840.00 117.98 $10,428.82 OR: 2994 PG: 3024 #0 •:.� wtv b'* POR I LO eo O p. X91 100000110 60 Lm. N Prop" by Pot" G. WMN Ar'►. L'W1kr CewAy Au'y. MTEWOMT"WHow N4*%pt. 71112 2944604 OR: 2994 PG: 3025 dales is nmau nam of dum MR, n 11/1112412 at 12:4111 dolt 1, MM, CM dt` dl 11.51 Dq: IOp1ll i loll I11101wd1 pin tlt/num UW 111.2111 TrW qm for nconNn AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the iso o(f Impact Fees isT►�1 into this Li day of ..t 2002, by and between Collier ollie Co n potiticaL&gt,d'vision f t State of Florida through its Board of County Commi io t_ "C UNTY," and Habitat for Humanity of Collier Count ,�it� as e �re _ to" 1 collectively stated as the „Parties." RECITALS: �0 C WHEREAS, Collier Coun ceNo. 3 1 the Collier County Consolidated E C,1I-- Impact Fee Ordinance, as it may be furtl►e amended rom time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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: 2994 PG: 3026 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, us 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 requites that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in valuable consideration, the the Parties covenant and 1. RECITALS INC R incorporated by tc by tr 2. LEGAL DESCRI N. The legal i (the "Dwelling Uni''ls tiached as herein. 3. TERM. The term of this Agree-ffdb trtj-t��fia going Recitals, and other good and of wlti4jsereby mutuully acknowledged, true and correct and are unit and its site plan is incorporated by reference no 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 uft'ordable housing and shall be offered for sale in uccordance 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 Ordinunce, and the OWNER'S monthly - 2 - OR: 2994 PG: 3021 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 -rims, 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), as set forth 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, OWN�t� r -� u is and agrees to comply with the affordable dw/l impact tee wuii�ification criteria detailed in the Impact S. SUBSEQUENT which is subjectll} Unit shall be sold set forth in the Im. Dwelling Unit, the persons or Ordinance. In until said impact fees are paid Ordinance and this Agreement are satisfied. sells the Dwelling Unit to t)sgbsgqtWfa purchaser, the Dwelling waiver qualifying criteria or transfer by gift of the for the impact fees waived conditions 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 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 Ten Thousand Four Hundred Twenty- - 3 - OR: 2999 PG: 3028 Eight Dollars and Eighty Two Cents ($10,428,82), 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 mongugor, the COUNTY and OWNER agree that by, and in consideration of u 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 tint mortgage on the Dwelling Unit. Except us 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. requirements after fiftfcii)Pj years from occupancy, or upop pr rTTymcnc..or_.ua the expense of tf�e C U -- payment --payment or releu. 9. BINDING EFFE is Agreement sh Parties to this Ag and their heir, 10. RECORDING, This ntshstJ completion of this Agreement's issuance of the certificate of fees, the COUNTY shall, at evidencing such and he binding upon the assigns. COUNTY ut the expense of COUNTY in the Official Recortls=of="V-otiicr County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11, DEFAULT. OWNER shall be in default of this Agreement if; a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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 - OR: 2994 PG: 3029 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) full 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 he in default of this Agreement, and the default is not cured within ninety (90) days atter mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In IN WITNESS Impact Fees on the date and year first Witnesses: an action or real OWNER: or otherwise enforced by the law or equity including the The COUNTY shall be attorney fees, plus on a calendar day V s Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER CO Samuollf Durso, M.D., President - 5 - OR: 2994 PG: 3030 STATE OF COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February. 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. / [NOTARIAL SEAL] Signature of Person Taking WC nowledgment LAUREN J. BEARD MYODYWtl10NoCCfnfN N E)fII�N� WW101¢ LwgJ4DTAFY M/Mrtl MricM� Co STATE OF E fide COUNTY OF Collier The foregoing by Thomas W. 011iff, (NOTARIAL SEAL] Name of Lauren J Beard Name of Acknowledger Typed, Printed or Stamped Approval Recomme d Denton Baker, Interim Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA MANAGER -day of,/'�, 2002 is personally known to me. MARY E. BECK MY C71MMtl1gN �(TpAlt �Qiy ..fi eAMM ApY 71.74 zi Approved as to form and c suftic' cy: Patrick G. White Assistant County Attorney OR: 2994 PG; 3031 EXHIBIT "A" LEGAL DESCRIPTION LOT 15, BLOCK B, 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 - $10,428.82 A. Type of Impact Feer Library Impact Fee — at Owed 214.00 B. Road Impact Fee� co���� 1,825.00 C. Parks Impact Fee: 820.84 D. E. F. EMS Impact Feer C0 93,00 Educational Facilities Sys aln- jfl act Fee ,�S 1,778.00 Water Impact Fee 2,740.00 G. Sower Impact Fee 2,840.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED - 7 - $10,428.82 Oil 62c iO 1-6 **t OR: 2994 PG: 3032 *** >-- MATCH LINE C 1 hvpwW bp v atrtc:."Wo A..I. CoWr ComMy Au'y. J,MI TowlaW Tait FW N,pk4 FI, 341I2 2944605 OR; 2994 PG: 3033 IMII U mPICIA N KM If t701Uq c0wm, n 13/11/202 ,t 12:IIN1 MW 1. NICK, CIM 12e IN 33.31 luht IMIN i NM I"W1111IIT PICK Q/t1lui Nun 113.2231 TW spy rw mwdhq AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT�F49, OR HUMpANITY, INC. CO This Agreement for the tv��✓P✓fTinpact Fees^qii red into this j3 day of re.Lu,r,t 2002, by and between Collier ou�-pollticul subdivision f tt State of Florida through its Board of County Commis one I (ftp f "C UNTY," and Habitat for Humanity of Collier County, lue rein ftkr aef a -to a. " ER " collectively stated as the "Parties." WHEREAS, Collier Cou=�"ikance N(t l fie Collier County Consolidated Impact Fee Ordinance, as it mayli%ri"deiio time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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: 2994 PG: 3034 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 cc dr*@n o_� going Recitals. and other good and valuable consideration, the rec ipPu su-Mciency of whi is reby mutually acknowledged, the Parties covenant and agre as 'Ifs 1. RECITALS IN R talc are true and correct and are incorporated by `9 c F -q 2. LEGAL DESCR j N. The legal dere tion of elling unit and its site plan (the "Dwelling Un is attached as Exhibit"t�}i is incorporated by reference herein. 3. TERM. The term of this Agrecistettt rs for no longer 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: 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 - 0 OR; 2994 PG; 3035 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 heImpact Fee Ordinance owes impact fees in the total amount of Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), 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, OW E�etCt n, and agrees to comply with lite affordable u�i� impact fee waive tcation criteria detailed in the Impact F r S. SUBSEQUENT A S lt�t; '' NE sells the Dwelling Unit which is subject d i t i to a 'u se Oe purchaser, the Dwelling Unit shall be sold oy persons or househ c m t' g waiver qualifying criteria z set forth in the Im (Ordinance, In the p�f Bale or transfer by gift of the Dwelling Unit, the origin tf'able for the impact fees waived until said impact fees are paid in fu or until 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 Ten Thousand Four Hundred Twenty- - 3 - W, 2994 PG; 3036 Eight Dollars and Eighty Two Cents ($10.428.82), w; 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. requirements after occupancy, or upo the expense of the payment or releu: 9. BINDING Parties to this 10. RECORDING. This years from the Agreement shall their heirs, of this Agreement's of the certificate of the COUNTY shall, at evidencing such and be binding upon the COUNTY at the expense of COUNTY in the Official Records ofCMier County. Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualificution criteria in the impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 - OR; 2994 PG; 3037 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 (I5) 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 notiflcution 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 � IjjjY���giG osed, or otherwise enforced by the COU1`j an action or sDi �igiro law or equity including the fore losu m'ortRut a an7real pt�ue v. The COUNTY shall be attorney fees, plus on a calendar day v_ paid. IN WITNESS WHEREON ,-1l' j t�l�es—huv"(d this Agreement for Waiver of Impact Fees on the date and year first above Witnesses: OWNER: HABITAT FOR HUMANITY OF (lb COLLIER COUNe,#MO, - 5 - M.D., OR: 2994 PG: 3038 STATE OF Florida COUNTY OF Q icr The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc, He is personally known to me. (NOTARIAL SEAL) Signature of Person Taking Ae wledgment LAUREN l.BBARD 801W5f111exnsllu wwwi IrO.I�uOTAwY M11111ry YrMw• Co STATE OF Florida COUNTY OF Collier The foregoing Agreen by Tbomas W. 011iff, County (N(YTARIAL SEAL) Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped Taking Name of Acknowledger Ap val Recommen d Denton Baker, Interim Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA ez� lz day of2z�, 2002 is personally known to me. MARY E. BECK MYC0Wt5S W*0c% U Printed or A proved as to form and leg vfflei + •y: Patrick O. White Assistant County Attorney OR: 2994 PG: 3039 EXHIBIT "A" LEGAL DESCRIPTION LOT 16, 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 "B" Type of Impact Fee _ at Owed A. Library Impact Fce 214.00 S. Road Impact Fee � �� �/ 1,825.00 P+w C. Parks Impact Fee; �' ¢w 820.84 C"` D. EMS Impact Fee 93.00 E. Educational Facilities S s rg t Fee � �� 1,778.00 F. Water Impact Fee C CIS_ / 2,740.00 G. Sewer Impact Fee 2,840.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED $1%428.82 - 7 - �y e � � r 1 • P P is *** OR: 2994 PG: 3040 "t MATCH LINE ., 14 Av- I ttt" G. wMe Am%CoOm CoaWy Alt -Y. 3XI TIMI Troa YAM Nspirs, tr4 3/113 2944581 OR; 2994 PG: 2939 I/e/M11 la 0111e1B Hem of coum em, n 13111/102 1t 11;1!1! Mal 1. Mgel, = W lu 21.51 au: min i MMI low"11MI !lel plum MW 111 1231 TYM epwo far reeurdim AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE. -FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. C This Agreement for the W�a He ol; pae .mss ,A Inhered into this t4 day of F: , .y 2102, by and between Collier du 1y, u political Board of County Commis •ion rs,, ' aft r� Humanity of Collier Count . i .."erla "Parties." RELIT WHEREAS, Collier Cbirfnly\Qrdinance No. Impact Fee Ordinance, as it may ,J o the State of Florida through its to OUNTY," and Habitat for i " NE ," collectively stated as the Collier County Consolidated to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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 - 0 OR; 2994 PG; 2940 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 u 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 valuable consideration, therece'nl the Parties covenant and agre as f 1. RECITALS INCTR incorporated by fe ni 2. LEGAL DESCR ('iTI 1 (the "Dwelling Un herein, �1 Recitals, and other good and mutually acknowledged, true and correct and are The legul deco ' tion f t � citing unit and its site plan ttuched as Zh " " ,+ p is incorporated by reference 3. TERM. The term of this A dth6n1A,4,Tbr-no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 - C. 141 e. OR: 2994 PG: 2941 payments to purchase and pay for the Dwelling Unit will retrain 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), as set forth in the attached Exhibit "B;' incorporated by reference; and In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, affordab e Impac Fe 5. SUBSEQUENT TRI which is subjcc Unit shall be sold 4y set forth in the Imp Dwelling Unit, the Nlt�th�t :]�_ is and agrees to comply with the fee wvb��lflcation criteria detailed in the R sells the Dwelling Unit i. r to s b qu nt purchaser, the Dwelling persons or house ttiin the waiver qualifying criteria ,,-,,0 inance. In the tease f sale or transfer by gill of the ,ai,r sittl►�ru n liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 Ten Thousand Four Hundred Twenty- - 3 - OR; 2994 PG; 2942 Eight Dollars and Eighty Two Cents ($10,428.82), 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. requirements after f)f(0n7�UJ5) years from occupancy, or un p 'or)Ouynent er the expense of t payment or role i"✓ 9. BINDING EFFE is Agreement Parties to this Agrei 01,;tnd their heirs, 10. RECORDING. This COUNTY in the Official completion of this Agreement's issuance of the certificate of fees, the COUNTY shall, at evidencing such and be binding upon the assigns, by COUNTY at the expense of County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11, DEFAULT. OWNER shall be in default of this Agreement if. a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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. l�� OR; 2994 PG; 2943 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER or 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 IN WITNESS paid. an action or Impact Fees on the date and year first above Witnesses: . � A�'i'i.Cll3i�liT • /1 ' real OWNER: or otherwise enforced by the law or equity including the The COUNTY shall be attorney fees, plus on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COU B Samuel J rso, M.D., President - 5 - OR; 2994 PG; 2944 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. Ta nt [NOTARIAL SEAL] Signature of Person Taking Aeltilowledgment �� LAUREN) SEMI) MYWMltlfilON /CCTntM LWOJNOTARY /Ia NWyy 110ieM� WaIR", MUM ol fo STATE OF Florida COUNTY OF Collier The foregoing by Thomas W.011iff, [NOTARIAL SEAL] Name of [wren J. Beard Name of Acknowledger Typed, Printed or Stamped Es Approval Recommen I a3 - Denton Baker, Interim Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA !day of .2002 is personally known to me. MAnv E, BECK MY Ux"I I" i CC,2?My E.NPIM: Apel72 iuw Printed or Stamped Approved as to form and e suffici y: Patnck .White Assistant County Attorney OR: 2994 PG: 2945 EXHIBIT "A" LEGAL DESCRIPTION LOT 2, BLOCK C, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH 31, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Type of impact Fee ` Isa._ A. Library Impact Fee B. Road Impact Fee f C. Parks Impact Fee: t A P C D. EMS Impact Fee"�, E. Educational Facilities Syst1 F. Water Impact Fee G. Sewer Impact Fee H. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED EXHIBIT `B" Fee _ 1 CA — 7 — at Owed 14.00 / 93.00 1,778.00 2,740.00 2,840.00 98 $10,428.82 *** OR: 2994 PG: 2946 *** df 0%4. . 00.6 UM Its wa4 Of rf ate, I co A c� / `M-'4. - eo �?2 �rJ: 0 Pat" o. wwe AWL Calder Caa,MY AWY. 33tl TaadrM TrM Rad Naples, R. 31111 2944582 OR; 2994 PG; 2947 1111c=1 it 6111clu Hoots/ at coals et11M1►, n 03/11/7112 at 01: ISM 111W 1. 1101, cunt Ile m 71.51 but MUM A Min 11110MI19 /ICI N/UU1111AD 4131331 TNs space tar recardke AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the WOOV-0 „nlered into this L2 day of re. h,.(e,.-1 2002, by and between Collier t ,, a political subdivisib "oott State of Florida through its Board of County CommISS Onetlero/Aafter ro to UNTY," and Habitat for Humanity of Collier County Inc reft r t E ," collectively stated as the "Parties." RECITALS d WHEREAS, Collier Ccity inane No. 2001- i Collier County Consolidated Impact Fee Ordinance, as it may beYu��tl �a t d f �ti to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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 - . I OR: 2994 PG: 2948 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 co i e >j ¢f i omg Recitals, and other good and valuable consideration, the recei sufficiency of Ai f� reby mutually acknowledged, the Parties covenant and agree s toil I. RECITALS INCORPD.RAUD.-;Phe ftaodw-Revitlds dre true and correct and are incorporated by f che inf ),) L / I (" 2. LEGAL DESCRI The legal desert f'on f t � clling unit and its site plan (the "Dwelling Uniitached as Exhibi t is incorporated by reference herein. 10 I �'I'�� 3. TERM. The term of this Agree nt-1, t• r no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 us defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - OR; 2994 PG; 2949 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,429.82), as set firrth in the attached Exhibit "B." incorporated by reference•, and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OW 1"nd agrees to comply with the affordable qfy, g impact fee waive raislI tcation criteria detailed in the Impact ee rdah cg `— 5. SUBSEQUENT RA " I N sells the DwellingUnit which is subject it e� t a •u ,se t purchaser, the Dwelling waiver qualifying criteria Unit shall be sold pi� persons or househ� tj � q y' g set forth in the Imps\h Ordinance. In t Vhelc_ �to sale or transfer by gift of the Dwelling Unit, the origin I�hifl�r i liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the effective date of this Agreement and continuing until paid or otherwise released the waived impact tees shall constitute and be a lien on the Dwelling Unit in the amount of Ten Thousand Four Hundred Twenty- - 3 - OR; 2994 PG; 2950 Eight Dollars and Eighty Two Cents ($I0,428,82), 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 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 tuxes. 8, RELEASE OF LIEN. �t t ompletion of this Agreement's requirements after fntt ) yeu5 rs from the issuance of the certificate of occupancy, or upo pri r p t o`t the-wGt ed im 1 ecs, the COUNTY shall, at the expense ofth C i r c Die ss u entation evidencing such payment or releas plj n .� E 9. BINDING EFFE is Agreement shalltj w h nd and be binding upon the Parties to this Agree a d their heirs, success assigns, 10. RECORDING. This Ag�tyml-Ic�c`eti by COUNTY at the expense of COUNTY in the Official Records of'Coffier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT, OWNER shall be in default of this Agreement if.- a. f;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 (IS) days after mailing of written notice of the violation. - 4 - OR: 2994 PG: 2951 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 paid. IN WITNESS Impact Fees on the date and year first Witnesses: ri IiTi'i�iir7(r • .. ✓/A #e�n(d�� V closed. or otherwise enforced by the s-' -0.. .11T an action or�c4I , law or equity including the I hi ortga a rei o rty. Tha COUNTY shall be t I f1 f�nds, i eluding attorney fees, plus LtuYolydrel'or tat" -alculated on a calendar day this Agreement for Waiver of OWNER: HABITAT FOR HUMANITY OF COLLIER - 5 - Samuel J,4,Iurso, M.D., President OR; 2994 PG; 2952 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County. Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking ArknoUledgment 40r LAUREN J. B"RD « MY OOMMIp10N/0C7711M ewulu:WNW i.rro.i.l�or�Rr n ra.r+••�«� eo STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. 011iff, [NOTARIAL SEAL] Name of Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped Aproval Recomme Denton Baker, Interim Director Housing & Urban Improvement Taking COLLIER COUNTY, FLORIDA Ir W. OLLIFF, COWTY MANAGER *day o 2012 is personally known to me. Printed or Stump ! Mrd X"Ap,02m. proved us to form and e •u tcie c Patrick G. White Assistant County Attorney OR; 2994 PG; 2953 EXHIBIT "A" LEGAL DESCRIPTION LOT 3, BLOCK C, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH $l, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Type of Impoct Fee A. Library Impact � ,. _ �. B. Road Impact Fee (jl,�(.O�IIIj���iii� C. Parks Impact Feer D. EMS Impact Fee E. Educational Facilities tm� F. Water Impact Fee T� a. Sewer Impact Fee H. Correctional Facilities Impuct Fee TOTAL IMPACT FEES WAIVED Fee 11 CAW - 7 - «B„ mount Owed $ 214.00 1,825.00 820.84 C7 93.00 1,778.00 2,740.00 2,840.00 J.1ZA $10,428.82 � �z cv �-IL k 1*1 4R: 2994 PG: 2954 *** co LEO M low i ;o thrpered by, hl" G. wwe A.v. cera cer,wy A:rr. 3111 T001dNW Tna Ned N*M 17.31117 2944583 OR: 2994 PG; 2955 UMM it 0111Cm UCitgl of CMM 001111, n /7/1111#11 at $I:1111 t:11111 I. Mae CMI IIC RI 71,71 his: 1MIN i UM 101011111! [ICI R/U= UW 4013311 IU open for mwdto g AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. �� t This Agreement for the W ' r rrtPuc - erect into this day of FN 11 t�,t 2002, by and between Collier obn f, a political subdivisiboft State of Florida through its �, Board of County Commis one �in� refe to UNTY," and Habitat for Humanityof Collier Count In re of erre t E collectively stated us the ,Parties. y h �'f _ F " C� RECITALS WHEREAS, Collier Co Iy finance No. 2001 Collier County Consolidated Impact Fee Ordinance, as it may be dme to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new owner -occupied dwelling units qualifying us 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; 2994 PG; 2956 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 Munager 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 un Agreement with the COUNTY. NOW, THEREFORE, in constp-dn1 i er�going Recitals, and other good and valuable consideration, the rete' sufficicncy of w ' s reby mutually acknowledged, the Parties covenant and ag as f II >NsF� r� I. RECITALS INC R A �e _ g i als re true and correct and are to incorporated by c 2. LEGAL DESCRI N. The legal descr► ion hf t citing unit and its site plan (the "Dwelling Uni ' is itached as Exhibit " 1 aP� is incorporated by reference herein. rig for 3. TERM. The term of this Agree T rig -tor " no longer than u 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 u very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - OR; 2994 PG; 2957 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 Ten Thousand Four Hundred 'Twenty -Eight Dollars and Eighty Two Cents ($10,428,82), 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 x#IuCrr is and agrees to comply with the affordubleiho'u�. mk imp cu t fee wu f ij9`ylificution criteria detailed in the 5. SUBSEQUENT which is subject tt( Unit shall be sold $ set forth in the Imp Dwelling Unit, the to persons or until said impact fees are Ordinance. In Ordinance and this Agreement are satisfied. sells the Dwelling Unit purchaser, the Dwelling waiver qualifying criteria or transfer by gift of the for the impact fees waived conditions 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 u lien on the Dwelling Unit in the amount of Ten Thousand Four Hundred Twenty- - 3 - OR; 2994 PG; 2958 Eight Dollars and Eighty Two Cents ($10,4311,80, as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of u suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to he considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN, requirements after fif0$h,*C5) years from occupancy, or the expense of payment or reteas IM 9. BINDING EFFEC is Agreement sh Parties to this Agree i d their heirs, 10. RECORDING. This A r0ee�M�hall-1 COUNTY in the Official of this Agreement's issuance of the certificate of the COUNTY shall, at evidencing such and be binding upon the assigns, by COUNTY at the expense of County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance fbr u period of fifteen (15) days after mailing of written notice of the violation. - 4 - OR: 2994 PG: 2959 12, REMEDIES. The following remedies arc 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 atter mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c, In addit IN WITNESS paid. an action or Impact Fees on the date and year first above Witnesses: T;012204,# ; 1,0 • �` OWNER: or otherwise enforced by the or equity including the The COUNTY shall be attorney fees, plus lated on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNT B Samuel J. , M,D., President - 5 - OR; 2994 PG; 2960 STATE OF EkWA COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel). Durso, M.Q., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. (NOTARIAL SEAL) Signature of Person Taking Arkodwiedgment Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped LAUREN J. BEARD MYWNMIWOM/eC"" r i.w�..Horuv wM,rrrww• ce STATE OF Florida COUNTY OF Collier The foregoing by Thomas W.Oil iff, (NOTARIAL SEAL) Signaldt ld ?. on Taking Name of lQdlL- Denton Baker, Interim Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA - 6 - W. * day of 2002 is personally known to me. q / � MARY E. BECK >' MvcvMMsvoNroC92 Printed or Approved as to form and suffici Patrick G. White Assistant County Attorney OR; 2994 PG; 2961 EXHIBIT "A" LEGAL DESCRIPTION LOT 4, BLOCK Co 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. TOTAL IMPACT FEES WAIVED "B„ Fee - 7 - unt Owed 214.00 1)951 820,84 93.00 1,778.00 2,740.00 2,840.00 117.98 $10,428.82 Type of Impact Fee A. Library Impact Fee B. Road Impact Fee C. D. Parks Impact Fee: EMS Impact Fee t E. Educational Facilities Sys F. Water Impact Fee G. Sewer Impact Fee H. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED "B„ Fee - 7 - unt Owed 214.00 1)951 820,84 93.00 1,778.00 2,740.00 2,840.00 117.98 $10,428.82 [m 6 • Mot • ; :•lb "P! ?�AOkA 04 0 *** OR: 2994 ?G: 2962 *** %son koll i .00*94 a ?� A OWL C9 . .3-0 0 94 a hnwW by: Aro. CaMm Commy Au'y, Me TEWAMW Tran nr1 F, I FL34112 2944584 OR: 2994 PG: 2963 At cm it optiam mm of Bouin eo1111, n IIIHIINt at Il:llltl Klan 1, U=, t'in[ me IK 37.31 Utz: IIMIN i Inn IIlIl01K111 Iiel "/Una HAD i/i HIS TWa spae Aw 1nw flog AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the W�giv�r �n tc� red into this LI day of 1�1ue.c,..l 2002, by and between Collier F66y a political Board of County Commiss'onc s,axuf er Humanity of Collier County I fre e "Parties." ri��+, RECtT WHEREAS, Collier Cd`i 1t _"Qrdinance No. t o he State of Floridu through its to OUNTY," and Habitat for E ," collectively stated as the Collier County Consolidated Impact Fee Ordinance, as it may be Yrtljt yt�aifite to time, hereinafter collectively referred to as "Impact Fee Ordinance," pro d s for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for u waiver of impact fees us ullowed 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 afforduble housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - OR; 2994 PG; 2964 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.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 valuable consideration, the receip the Parties covenant and ag as f 1. RECITALS INC R incorporated by f,, 2. LEGAL DESCRI C (the "Dwelling Unt herein. 1 Recitals, and other good and The legal desc ion ft attachcd us Exhi t - i'. 0 ti 3. TERM. The term of this mutually acknowledged, true and correct and are unit and its site pian incorporated by reference longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 u very low income us defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - OR: 2994 PG: 2965 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), 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. OWN r, c�vUe a is and agrees to comply with the affordabl iFg impact fee wuiification criteria detailed in the Impact ee rpc-e_. — — 5. SUBSEQUENT R �PAIri N R sells the Dwelling Unit which is subject tot a 't c1 f'v` i r to sob, 94 nt purchaser, the Dwelling Unit shall be soI to persons or house - Ids Ihg� he waiver qualifying criteria set forth in the I 4ef Ordinance. In h - sale or transfer by gift of the Dwelling Unit, the orig� f ' ER -shalt liable for the impact fees waived u "t u , until said impact fees are paid in lt'irr�!nAGntil 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 Ten Thousand Four Hundred Twenty- - 3 - OR; 2994 PG; 2966 Eight Dollars and Eighty Two Cents ($10,428.82), 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 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. requirements after flffV:h)M) years from occupancy, or upo p or ppyg ent-or the expense of IC U payment or relea f 'c t 9. BINDING EFFE c1 is Agreement Parties to this AgreetiWand their heirs, 10. RECORDING. This of this Agreement's issuance of the certificate of FW the COUNTY shall, at evidencing such and be binding upon the assigns. by COUNTY at the expense of COUNTY in the Official Record- of-Ciillier County. Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement & a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards Laid 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; 2994 PG; 2961 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 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 atter mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In IN WITNESS or otherwise enforced by the an action of `siiiit* law or equity including the u-ihortttame,po real'prop�rty. The COUNTY shall be paid. Impact Fees on the date and year first above Witnesses: attorney fees, plus on a calendar day this Agreement for Waiver of OWNER: HABITAT FOR HUMANITY OF :COLLIER COON' N Samuel J. 06so. M.D., President - 5 - OR: 2994 PG; 2968 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of Februury, 2002 by Samuel J. Durso, M.D., President of Habitat for Humunity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL) Signature of Pcrwn Taking Axtridwledgment LAURBNI.aBARO MY{:OWtIM10M�ccmnr IxWJ.NOTAIIY rY NMxY STATE OF Florida COUNTY OF Collier The foregoing by Thomas W.011iff. (NOTARIAL SEAL) Name of Lauren J. Beard Name of Acknowlcdger Typed, Printed or Stumped Approval Recommended k a___, Denton Baker, Interim Director Housing Bt Urban Improvement on Taking COLLIER COUNTY, FLORIDA 9- day o 2002 is personally known to me. MARY E. BECK MY C0MMa8NIN # CC•y2M 8"IRM MW ZZ am Printed or Stamped ved as to form and leg ufficii Art i y: i Patrick G. ite Assistant County Attorney EXHIBIT "A" LEGAL DESCRIPTION OR; 2999 PG; 2969 LOT 5, 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 COUNTV, FLORIDA. E:XHIBIT'•B" Type of impact Fee \ A. Library Impact Fee 1 c B. Road Impact Fee C. Parks Impact Fee: D. EMS Impact Feed E. Educational Facilities Sy�t tact Fee F. Water Impact Fee G. Sewer Impact Fee H. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED 7 - ► at Owed 214.00 ,825.00 820.84 93.00 1,778.00 2,740.00 2,840.00 117.98 $10,428.82 A6- 6-"'sVVWr, co 600119. "*W q 0 OR: 2994 PG: 2970 *** . t9l, E a 3082872 OR; 3158 PG; 2425 RICOIDID la OTTICIAL WORDS of COLLAR COMM, TL Prep.redhy: 11/21/2002 at 10:11AN DWIGHT 1. BIOCl, CLIRI v*utchc wrae RIC TRI 31.50 As%CoMer Canty Au,y. Rata: 3101 TWAIN ITnu VAd 11MCIAL ADMIN i HODSIIG N.pim FL 34112 IRTIIORtICI ATTI: WHO BIARDi403.23311 Ffie# 03.083 -IF "b spe for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the De p,#idOW acv-jo 2002 by ti< twee�er Florida, through its the B f 6 �� � tommiss and Habitat for Human y : �tf collectively stated as the WHEREAS, Collier 1'30&pty,,0rdinance No. Impact Fee Ordinance, as Fees is entered into this 13 day of subdivision of the State of referred to as "COUNTY," referred to as "OWNER," the Collier County Consolidated may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in die Impact Fee Ordinance; and 1 OR; 3158 PG; 2426 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support NOW, THEREFO , , valuable consideration, the rec Ipt, the Parties covenant and a fa 1. RECITALS incorporated by nc 2. LEGAL DESCR (the "Dwelling Unit") herein. Housing. of the4ja�g Recitals, and other good and ;3;tgf whi k is ereby mutually acknowledged, are true and correct and are herein. The legal descrip in the dwelling unit and its site plan AW W 0-3i Ott A," and is incorporated by reference 3, TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 5. SUBSK which is OR; 3158 PG; 2427 payments to purchase and pay for 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 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 $11,612.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by impact fee Unit shall be sol4(,01,y to persons or criteria set forth in the Dwelling Unit, the later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee If NER sells the Dwelling Unit a�� uent purchaser, the Dwelling fc 1 meeting the deferral qualifying lif the case of sale or transfer by gift of shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2428 Hundred Twelve dollars and 98(100 ($11.612.98). 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, parity with any lien fi 8. RELEASE OF Ii requirements, in lu the expense of he payment, includi , 9. BINDING EFFE Parties to this Agreen 10. RECORDING. This not limited to, a Os Agreement sl person, except that this lien shall be on of of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the assigns recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT, OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 3158 PG: 2429 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 deferred shall be paid in full by OWNER to the COUNTY within chitty (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, theme g0)4I Ty:�-m y bring a civil action to enforce the c. In addi(rn,Ae4en mat be forecibsed\or otherwise enforced by the COU Y,y r n 1 , r, uit including the foreclosure of a mortg $e y O Y s)h I be entitled to recover all fees and concluding attorneys s, pl s r erest at the statutory rate for iudtnnentcjil ulated on a calendar until paid. 5 OR; 3158 PG; 2430 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above. written. Witnesses: STATE OF _) COUNTY OF ! The foregoing Agreement 2002, by Samuel J. Durso, M.D personally known to me. 7(' [NOTARIAL MIM& z STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: Habitat for Humanity of Collier Coun Inc. Samuel J rso, M.D., President )re me this 13— day of I , K Humanity of Collier County, Inc. He is , FLORIDA The foregoing Agreement was acknowledged before me this R L day of . \W, , 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL] , Lauren J. Beard Coe ah" IDD1S9014 MgF Bxplmt:Out 24,2006 BOWWa5'k.. A -Arwteaadf8Cla.ha. Approved as to form land suffi i nr�,y; / Patrick O. White Assistant County Attorney Signature of Person TWing Acknowledgment Recommend Approval Ilya Denton Baker, Interim Director of Financial Administration & Housing OR: 3158 PG: 2431 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Colder County, Inc. Lot 615 Block A, Habitat VMage, 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" IMPACT FEE BREAKDOWN Type of Impact Fee 0 A. EMS Impact Fee B. Correctional Facil ties a t "F C. Library Impact F D. Parks impact Fee: i�, E. Educational Faciliti tem Impact Fee F. Road impact Fee 4L G. Water Impact Fee --- H. Sewer impact Fee TOTAL IMPACT FEES PGWPornMAgreemmts1AffM3gNi00%Deferral Agreem t(0816021012) FA $2,690.00 $2,840.00 $11,612.98 c+'{ % p 4 b ti°oo �5p / a � 40 )b `o X00 / IAT 80 BLOCK "A" Y SURVEY*** / LOT 02 BLOCK "A" / / / IAT 61 BLOCK "A" / LOT 59 BLOCK "A" / / IA .•.a0 1 ;]TC!®R�1 anon arR mowI nmlrVA Nem eR' w Mt[ Ww.rA, . AITIOWA oeolelk YmI1L'p wnv AAxrmwU ranomm mL I muMIRY 7NVIMm . eleNl mIm uxM 0Am Cl NOTES: C2 ADDRESS: 12109 FULLER LANE ALL IMPROVEMENTS ARE EXISTING UNLESS OTHERWISE THIS SURVEY IS SIGNED AND BRACED TO THE DATE OF ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL. VERIFY 1130.93' 02'09'63" 69.18' 3158 FG. 2432 Off. P SCALE: 1" - 30' 69,17' N41'09'66E FIELD WORK A3 SHOWN. IEODLTIC VERTICAL DATUM, 1909. PROPERTY 18 IN ZONE "AE", ELEVATION 7.0. LOT 01. BLOCK "A" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PAGES 48 AND 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 4033.76 SQUARE FELT OR 0.00 ACRES MORE OR LMS, I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION AND THAT THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF, I FURTHER CERTIFY THAT THIS SURVEY MERTS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.027, FLORIDA STATUTES AS PER RULE 61017,8 OF THE FLORIDA ADMINISTRATIVE CODE. CERTIFICATION 18 ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CERTIFICATION OF TITLE.. ZONING, EASEMENTS, FREEDOM FROM ENCUMBRANCES OR CONSTRUCTION SET BACK RESTRICTIONS, ABSTRACT NOT REVIEWED. THIS SURVEI IS SUBJECT TO S"EMEN". RESTRICTIONS (INCLUDING CONSTRUCTION SETBACKS) AND RESCRVATIONS OF RECORD. CERMBCATE OF AUTW M2ATIM NG.,IR AM ?I .. Xx= I • 1412: "ovum OI. No « rcAL , 1' • fie' e•le w Prepared byt Patrick G. White Aee'b Collier County Att'y, 3301 Tumluml Trull East Naples, FL 3/112 File# 03 -061 -IF 3082883 OR; 3158 PG; 2513 11CORDID in Ot1ICIAL RICOROS of COLLAR COUNTT, IL 11/2112002 at 10:17AN DNIGHT 1, BROCI, CLIA RRC 111 31.50 Leta: TIWCIAL ADMIN E HOUSING INTIROtFICi ATTN: MAIN BI10)403.2336) This space Por wocdind AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the �7weenCollier A0Q%__bfj act Fees is entered into this Q day of 20(12 by )6 Cou11� d litical subdivision of the State of Florida, through its the Bo f C nv Corrummgsi ers,,h in er referred to as "COUNTY," and Habitat for It ani y� ¢otI r (Cpu t , , 4lgrlaft r referred to as "OWNER," collectively stated as the WHEREAS. Collier u 1t� finance No. 2 ,ly ,the Collier County Consolidated Impact Fee Ordinance, as amend b2 3�4"i 1t may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3158 PG; 2514 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the hnpact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in supporte t -g �d;a le Housing. NOW, THEREI,O onsideration of th�,Z qh ing Recitals, and other good and valuable consideration, th roc tpt an f whic is ereby mutually acknowledged, the Parties covenant and a o 1. RECITALS CO re n mit s are true and correct and are incorporated by nce herein. 2. LEGAL DESCR The legal descri t �nC�the dwelling unit and its site plan t -`-� (the "Dwelling Unit") r - "A," and is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 5. which is OR; 3158 PG; 2515 payments to purchase and pay for 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 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 $11,612.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by impact fee Unit shall be solkefnly,,to persons or criteria set forth in later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee (IfP, NER sells the Dwelling Unit a trb uent purchaser, the Dwelling Vthe 'meeting the deferral qualifying case of sale or transfer by gift of the Dwelling Unit, the originaTOWNER shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR: 3158 PG: 2516 Hundred Twelve dollars and 98/100 ($11,512,98). 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,„ o her person, except that this lien shall be on parity with any lien itt taxes. 8. RELEASE OF L — Upon satisfacto co pletion of this Agreement's requirements, i cl in , n 0 the erne- pct fees, the COUNTY shall, at the expense o te C � ��/ umentation evidencing such payment, inclu but not limited to, le e o 1 . 9. BINDING EFFE is Agreement ;h v t the land and be binding upon the Parties to this Agree e > t r tteirs,su a ,and assigns 1LCIRC 10. RECORDING, This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 3158 PG: 2517 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 deferred 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 he in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, the_CQVN j-trlay bring a civil action to enforce the Agreement. c. In addition, fife,—lien—may be foreclbked,\or otherwise enforced by the the foreclosure of a be entitled to recover all fees and cosi{); ,thtcluding attorneys"fees, at the statutory tate for 4 on a calendWdti , Kai /until paid. 5 OR; 3158 PG; 2518 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written, OWNER; Habitat for Humanity of A— Collier Coun 04ric. Samuel urso, M.D., President STATE OF COUNTY 07S' ) The foregoing Agreement was ae w Ae0j,efore me this [� day of2002, by Samuel J. Durso, NLD,, ���umanity of Collier County, Inc. He is personally known to me. �� [NOTARIAL 7` r t fs n a ung Acknowledgment Lv u v atlene� non 'F LOLL R O _ , FLORIDA X STATE OF FLORIDA) COUNTY OF COLLIER) ifV"E Jffl MUDD, COUNTY The foregoing Agreement was acknowledged before me this ;?�_ day of AoV e.y.ku." , 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. _ [NOTARIAL SEAL Letlt+On J. El d Signnture of Person TZEing Acknowledgment ConasMM IDD1S90t1 N. '• Exphu:Oct 24, 2006 roved as to form and Recommend Ap val al ffici JiIL3�— Patrick O. White Denton Baker, Interim Director Assistant County Attorney of Financial Administration & Housing 0I OR; 3158 PG; 2519 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 50, Block A, Habitat Village, according to the plat thereof as recorded in Plat Book 37, Pages 48 through 519 Inclusive, of the Public records of Collier County, Florida. EXHIBIT `B" IMPACT Type of Impact Fee '0 A. EMS Impact Fee d B. Correctional Faci itieIp,, C. Library Impact I(l D. Parks Impact Fee )C--'- E. Educational Facili st1 F. Road Impact Fee C% a. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES impact Fee I eI1; ovi Pawtmu&AVww c umtsW100% Uek" Agmn ml (081W21012) 7 $2,690.00 $2,840.00 $11,612.98 BOUNDARY SURVEY*** OR: 3158 PG: 2520 *** MSTING 2' WIDE C NCRETE Im=NG 20' WIDE VALLEY GUTTERI ASPHALT PAVEMENT IAT 51 BLOCK "A. " „ F 70'p0 1 '11 1 LOT 50 111 BLOCK "A" 1 1 1 1 1` 11 IAT 49 1 BLOCK "A" to' Pu6uc uwLrrY EASEMENT 060,00' 034707" 66.61' 890.00' 17'l7'23" 288.67' 66.00' 00'64'67" 77.67' 88.80' NIt'86'16'W 267.88' N17'37'17"W 71.36' S49'28'G4`E AS SHOWN, TICAL DATUM, 1929. IN ZONE "AE", ELEVATION 7.0. SCALE: 1" s 30' HABITAT 37, ND 49 OF COW VILLAGE, A COUNTY, SUBDIVISION SAIDSPARCELDED IN CONTAININGT 3816.19 SQUAARESFEETAF OR 009 1 HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COWER COUNTY. INC, THAT AN ABOVE GROUND SURVEY OF THE ABOVE o 7'ITLE, ZONING, EASEMENTS, YOTR"VIEREBEWED. THIISCORO� �^tiE OF hU MO ASO WTH SEAL Le C. olmen. P.S.M. 06270 PnpsM bpi 11Nr" G. write Aw'L Collier County Aa'y. 3301 TAM1001 Tran Bap Naplo,VL34112 Flle# 03.080 -IF 3082875 OR; 3158 PG; 2449 RICORDID in OFFICIAL RICOROS of COLLAR COUM, FL 11/21/2002 at 10:11AN DWIGHT 1, BROCI, CLIRI RIC F31 31,50 Rita: FINANCIAL ADMIN i HOUSING INTIROFFICI AM: LAURIN BIARD(103.2338) Mo rpm for remdi AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Def Ic�iLf ct Fees is entered into this ,t,3, day of 2002 by t ten Collier Con litical subdivision of the State of Florida, through its the B o C4ia-4y C-bmmissi ers, he in er referred to as "COUNTY," and Habitat for Humanit o u e referred to as "OWNER," collectively stated as the " t � 1-1 WHEREAS, Collier CO�,Ordinance No. 29�4v. he Collier County Consolidated Impact Fee Ordinance, as amended \may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3158 PG: 2450 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support NOW,THEREFOR valuable consideration, the pt the Parties covenant and a me a 1. RECITALS 1 incorporated by Inc 2. LEGAL DESCR IOP (the "Dwelling Unit"' 'i herein. Housing. Ksideration of tb'-fd oing Recitals, and other good and ,!u iciencyj�f whi is ereby mutually acknowledged, p t . 1. DJ a oreg n R s are true and correct and are herein. d / The legal descrip o0the dwelling unit and its site plan alt�rtr "try A," and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR: 3158 PG: 2451 payments to purchase and pay for 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 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 $11,612.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by 5. SUBSEQUEN which is subjec To' e Unit shall be sols criteria set forth in the the Dwelling Unit, the later than the expiration of the TERM, to comply with the affordable detailed in the impact Fee 5R1 IE� If R sells the Dwelling Unit nnpactt fee de to a s bs uent purchaser, the Dwelling to persons or h h eeting the deferral qualifying �T C ce Ordinat /�Ijrthe case of sale or transfer by gift of X1,V, CTS mgtnat OWN shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2452 Hundred Twelve dollars and 981100 ($11,612.981, 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, parity with any lien f i 8. RELEASE OF L11 requirements, in lu i the expense of he payment, includi 9. BINDING EFFE Patties to this Agreen 10. RECORDING. This not limited to, a Agreement person, except that this lien shall be on of of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the assigns recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT, OWNER shall be in default of this Agreement if; a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 3156 PG; 2453 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 deferred 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, the�EOMN,-Y— tmay bring a civil action to enforce the c. In addi(ion, a 11c+rr may be forec R or otherwise enforced by the COU -a0tio ?o s 't -i ll r uit including the foreclosure of a mortg ge alb ro t I DelC s* be entitled to recover all fees and c� 'ncluding attorney ees, pl Brest at the statutory rate for b, n,avrnen ulated on a Galen until paid. 5 OR; 3158 PG; 2454 IN WffNM WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: OWNER: The foregoing Agreement was 2002, by Samuel J. Durso, M.D., P personally known to me. �� [NOTARIAL SEA ,.a, juliette o I�Dom ,A„�,• ntlwtic Bondi 9';'� STATE OF FLORIDA) COUNTY OF COLLIER) me this L 9 day of , lumanity of Collier County, Inc. He is J,.F;IDA e...4 DD, COUNTY M The foregoing Agreement was acknowledged before me this 91 day of c , 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL]y�y Latlten J, gear&ignature of Perso eking Acknowledgment Co=i sWa 1DDl59W Exptm:Oot 24, 2006 +,al 8+adea ltrn Approved as to form and R ommend A proval Patrick O. White Denton Baker, Interim Director Assistant County Attorney of Financial Administration & Housing 0 OR; 3158 PG; 2455 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot $8, 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 `S" IMPACT FEE BREAK Type of Impact Fee ®�'' Owed A. EMS Impact Fee ru $ •� B. Correctional Fac' iti Impct 8 C. Library Impact 'J 0 C 4. D. Parks Impact Fe 1,1� E. Educational FacilitiS��tem impact Fee F. Road impact Fee~- — -- �( 85.00 0. Water Impact Fee fu -C $2,690.00 H. Sewer Impact Fee $2,840.00 TOTAL IMPACT FEES $11,612.98 PoWFwnkAAg=menldAffHsgN 100% Ddem] Agrc fmiIt (081602 1012) h BOUNDARY SURVEY OR: 3158 PG: 2456 � y �� //.�� LOT 60 ow, Ay ti�-lb //�/�\O� BLOCK "A" .baa9 Cb o G� / LOT 59 ,OJc BLOCK „A„ 4 004 CI ` ` / y LOT 58 °G�sb�aeGyy� BLOCK "A"�.�&pR p� // $y40ry00/ LOT 57 BLOCK "A" Sp LOT 58 / / / fw��L ��olb BLOCK "A" b 4�9 / GJ LEGEND Nto.v RenN.MoMMIkvmr�u. 1MNY �,. . • 1R No' uoM Vn norm u Mtn <. SCALE: 1" = 30' S i.�w'�r.: � �eaortu� �` • r"r"L "�' "'� T 1131 °tt �� Cxx-CURVE DATA u. . OeNr raM Mr • m AMM1 CURVE'—"RADIUS DELTA IENCTN CHORD BEARING u : roa M'u�ioM Cl 1080.68' 02'6D'68" 66.61' 66.60' N60'00'40'E u :CAM C2 1130,93' 02'69'68" 60.10' 68.16' N60`09140•E i❑, : mgr r�"ra ala w: illirriNit NOTES: ADDRESS: 12181 FULLER LANE ALL IMPROVEMENTS ARE EXISTING UNLESS OTHERWISE NOTED. THIS SURVEY 18 SIGNED AND SEALED TO THE DATE OF FIELD WORK AS SHOWN. ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1929, FIRM, PANEL No, 120067 0806 D INDICATES THAT THE PROPERTY IS IN ZONE "AE", ELEVATION 7.0. BEARINGS ARE BASED ON THE RECORDED PLAT LISTED BELOW. CONTRACTOR/OWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. nA1iV rAeruru . nu °r.CnRI1r0 PIAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. LEGAL DESCRIPTION: IAT 88, BLACK "A" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PAGES 40 AND 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 4034.60 SQUARE FEET OR 0.09 ACRES MORE OR LESS. I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. ON AND THAT TTHETAN SURVEYOVE GROUND AND SKETCHAREACCURATE TOTHE OF THE A13OVE D BEST IOFDMYROPERTY KNOWLEDGE D AND BELIEF.R FURTHEMY R CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472,097, FLORIDA STATUTES AS PER RULE 61017.0 OF THE FLORIDA ADMINISTRATIVE CODE, CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS, FREEDOM FROM ENCUMBRANCES OR CONSTRUCTION SET BACK RESTRICTIONS. ABSTRACT NOT REVIEWED. THIS SURVEY 18 SUBJECT TO EASEMENTS, RESTRICTIONS (INCLUDING CONSTRUCTION SETBACKS) AND RESERVATIONS OF RECORD. CERTIFICATE OF AU010W2ARON No. UB 6762 TH SEAL WANLY ENGINEERING �°_"""�°"°°° ~„; "..- , volmam PSM../6278 an : NIOVVAUR 01, ON MCW : I. . 60' Pat" G. wwk Ar'1. CoNa Cowly Atl'y. 33ar Tswtwmi Trait FW Wpk41%3/112 2944516 OR; 2994 PG; 2899 tt CRID is 0"Iel A BMW of cam tnlMrt, n 13/I1/2042 at WI M MOR i, um, t'ulc at M 11,H lots: 101111111 11111111 1111011M11T PICK N/10111 UAD 03 2331 Tkk spore for mwdlea AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. t3 J/ R {t� yr This Agreement for the W �r� r) mpacl- eyed into this /� day of 2002, by and between Collier Coh�. a Board of County Commis lot Humanity of Collier Count -in, "Parties," n WHEREAS, Collier Impact Fee Ordinance, as it may be is o Ihe State of Florida through its to OUNTY.. and Habitat for E collectively stated as the RECITALS, 1 No. 200��%t>c Collier County Consolidated ndedsEiotnr time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new owner -occupied dwelling units qualifying us 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; 2994 PG; 2900 WHEREAS, the impact fee waiver shall be presented in lieu of puymcnt 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 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 valuable consideration, the recej{% the Parties covenant and ag us f I. RECITALS INC R incorporated by re 2. LEGAL DESCRI tt (the "Dwelling Uni t herein. The legal as 3. TERM. The term of this as ` y Ao e rg Recitals, and other good and f wMkAs hereby mutually acknowledged, true and correct and are unit and its site plan is incorporated by reference no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 u very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - OR; 2994 PG; 2901 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,426.82), 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, OWE"tlicrCc6y�ntt t. and agrees to comply with the impact fee waive fit\itfcation criteria detailed in the Impact F4 4it� _. _JBSEQUENT which is subject t CTn K Unit shall be sold o nset forth in the ImpacdDwelling Unit, the ori until said impact fees are paid in f NE sells the Dwelling Unit i c to a u purchaser, the Dwelling or househd• m eti g waiver qualifying criteria ante• In the cU Eaf� le or transfer by gift of the �1 h4d i li ble for the impact fees waived ull of until 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 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 lion on the Dwelling Unit in the amount of Ten Thousand Four Hundred Twenty- - 3 - OR; 2994 PG; 2902 Eight Dollars and Eighty Two Cents ($10,428,82), 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.��t�p��i mpletion of this Agreement's requirements atter/fj IS) years from the �e" issuance of the certificate of occupancy, or u h p 'or y nto a'ved i t fees, the COUNTY shall, at the expense of t ns oc mentation evidencing such payment or rele Iienk 9. BINDING EFFE is Agreement shut it t and and be binding upon the Parties to this Agree n nd their heirs, success, a, ((JJd assigns, 10. RECORDING. This Ag \tai lu ed by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (IS) days atter mailing of written notice of the violation, - 4 - OR; 2994 PG; 2903 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 atter mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In uddit I paid. IN WITNESS an action or impact Fees on the date and year first above Witnesses: real OWNER: or otherwise enforced by the law or equity including the The COUNTY shall be attorney fees, plus on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNTY C B Samuel J. D M.DMesident - 5 - OR: 2994 PG: 2904 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 191h day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. (NOTARIAL SEAL) jovLAUREN J. usAao wraowp"Mmocemw nvalri wiuru I M101ltKV Fk "8Wy$0**h Co STATE OF Florida COUNTY OF jollier The foregoing by Thomas W. 011iff, [NOTARIAL SEAL] Name of z Signature oiPerson Ta �-cko�wledg ent Lauren J, Beard Name of Acknowledger Typed, Printed or Stamped i U/ AI oval Recommended Denton Baker, Interim Director Housing & Urban Improvement 'faking COLLIER COUNTY, FLORIDA W. OLLIFF, AGER - day of 2002 is personalty known to me. _ MARY & til?gC or Stjrw Approved as to form and e suffi i cy: Patrick G. White Assistant County Attorney OR: 2994 PG: 2905 EXHIBIT "A" LEGAL DESCRIPTION LOT 7, BLOCK C, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH 519 INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" Type of Itn w, Fce ° A nt Owed A. Library Impact Fee '%-214.00 B. Road Impact Fee�� a� � � ,825.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 93.00 E. Educational Facilities S q�tq �t�p t Fee �� 1,778.00 F. Water Impact Fee \�C—� 2,740.00 G. Sewer Impact Fee 2,840.00 H. Correctional Facilities Impact Fee ILL -98 TOTAL IMPACT FEES WAIVED $10,428.82 - 7 - r El #,Oslo R zi Lo AV �'oe +jo j 6 OR: 2991 PG: 2906 Pot rrep.r,a Ay+ Mekk G. WMkt An'L Cofer Cnely An'y. 3301 Taelrmi Tna R,W NWW%FI. Jdl12 2944578 OR; 2994 PG: 2915 am" i1 ollit'ut a= of Own M1111, n 13/11/1102 At 12:1111 IfIt:R I. 110:'.1, UIU UC 211 31.51 ats: 1111211 It no I111011NI11 1201 It/ulm IIID 4131331 1U zpwe for mv,rdWg AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Wni t3�i et tTd into this 19day of CcjkLL,.,.1 2002, by and between Collier C G6lj,_/i political subdivision\$ Board of County Commissi e : ,reh _in } er iefe d to as Humanity of Collier County, ne., Ifeiil fie Ro " "Parties." RECITALS: WHEREAS, Collier Cou unce ®inNo. 200 Xti Impact Fee Ordinance, as it may be J 4YEtnjtlr� State of Florida through its F^+ ." and Habitat for collectively stated as the tier County Consolidated to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for u waiver of impact fees ac allowed by the Impact Fee Ordinance, and u copy of said application is on rile 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 - ' I I I OR; 2994 PG; 2916 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.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 Wuiver 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 co stliii 61�or�going Recitals, and other good and valuable consideration, the rece'sufficiency f wihY Y ��i\ reby mutually acknowledged, the Parties covenant and ag as f 11q, e r I. RECITALS INC R D a als re true and correct and are incorporated by t c in F- 2. LEGAL DESCRI N. The legal desert ion f t elling unit and its site plan (the "Dwelling Uni ttached us Exhib t " t' 4a is incorporated by reference herein. � 0 �e CSR ,. 3. TERM. The term of this Agree ntAs- or no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 u very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - OR; 2994 PG; 2917 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 -tire 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), us 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, OW �F�Rut�ein s and agrees to comply with the affordable g impact fee wui c g6al'fication criteria detailed in the Impact ee utrce. S. SUBSEQUENT R • f` N R sells the Dwelling Unit which is subject �f i e u v r to u s +te t purchaser, the Dwelling Unit shall be sold o persons or house.c a ng waiver qualifying criteria set forth in the Imp f F®eOdinunce. In the yt�� %ale or transfer by gift of the Dwelling Unit, the origi u 0� �e�n'liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 tees shall constitute and be a lien on the Dwelling Unit in the amount of Ten Thousand Four Hundred Twenty- - 3 - OR; 2994 PG; 2918 Eight Dollars and Eighty Two Cents ($10,428.82), as set forth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this Agreement. Provided Ihal 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. Rsziti f�t completion of this Agreement's C7' `� requirements after�01' % 5) years from th �gFe f issuance of the certificate of occupancy, or u f6r n-o-ff--the-�v ived i pac fees, the COUNTY shall, at the expense of t e ! " , 'e. oc mentation evidencing such payment or rele ie( / tm 9. BINDING EFFE is Agreement sha (stn it and and be binding upon the Parties to this Agree �n nd their heirs, suucci'ecs 0d assigns. 10. RECORDING. This A0e%naC it� by COUNTY at the expense of COUNTY in theOfficial Reco s o o ier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if; a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 2994 PG: 2919 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 Shull 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 alter mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In paid. IN WITNFSS un action or Impact Fees on the date and year first above Witnesses: 1� ' �.•. ori .�, real OWNER: or otherwise enforced by the or equity including the The COUNTY shall be attorney tees, plus on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNT I B Samuel J. tno. M.D., President - 5 - OR: 2994 PG: 2920 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. 1 (NOTARIAL SEAL) Signature of Person TakineAcknowledgment Lauren J Beard Name of Acknowledger Typed, Printed or Stamped LAUREN J. O M 1771 MY lx)MMIS.SION / lX' n+INtl iya „� CXIMRF'S 161M.W2 LM0.).NOTMY p, N'*VYS"M lba.6n 6 STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. 011iff, (NOTARIAL SEAL) Signatu)ro'ff,)�son Taking Name of Aval RecoW::2d Denton Baker, Interim Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA - 6 - W. L9 MANAGER dt day of AyajL .2002 is personally known to me. MARY E. BECK exnM&A1dA3W Approved as to form and T;M. : Patrick G. White Assistant County Attorney OR; 2994 PG; 2921 EXHIBIT "A" LEGAL DESCRIPTION LOT 9, BLOCK C, 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" 7 Type of Impact Fee nt Owed A. Library Impact Fee 214.00 B. Road Impact Fee CO) a 1825.00 C. Parks Impact Fee: 820.84 D. EMS Impact Feew 2 93.00 E. Educational Facilities S Im act Fee �y 1.778.00 F. Water Impact Fee \!Ii. 2,740.00 G. Sewer impact Fee 2,840.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED $10,428.82 7 a= I , , "044 1 som a A4 04 *** OR: 2994 PG: 2922 *** Fnp nd by, Paid& G. VAhM Ar`1. CaNa C"My A11'y, SMI Tulyd Traa FAA Nspk4 rt. 3/119 2944519 OR: 2994 PG: 2923 nam IN emem UM of MUM W1111, n 11/11/1111 at I2:19M 111114 1. UK%, tWl; ne M 31.11 aa: 110111141 1 211111 lowli nT PICK a/Win 111111111 031331 TMr rpom Iw retordbw AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Wui Ceo �ntered into this 21ty of b,:.s;. 2002, by and between Collier 6'if , a political subdiviM o the State of Florida through its Board of County Commis ion rs,he after refe d to OUNTY," and Habitat for Humanity of Collier Count , I a e f t N collectively stated as the "Parties." (i � E� C� RECITA WHEREAS, Collier Citnty rdinance No. 200 C' Collier County Consolidated Impact Fee Ordinance, as it mayAMM a �11nC to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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; 2994 PG; 2924 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 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, inc stder�fdn � oi ng Recitals, and other good and valuable consideration, the rec ' d3jsu f�y of whi` hisreby mutually acknowledged, the Parties covenant and ag as ' II t 1. RECITALS INC R Ials re true and correct and are incorpomted by het n E- 2. LEGAL DESCR! .The legal descn�{ on f f "e citing unit and its site plan (the "Dwelling Uni ' N Ruched as Exhibit " �u� is incorporated by reference herein.�� 3. TERM. The term of this Agreementis for no 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 af'f'ordable 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; 2994 PG; 2925 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents (510,428.82), as set forth in the attached Exhibit "B," incorporated by reference; and C. In retum for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, O •l�r �s and agrees to comply with the affordabi Wing impact tee wai cQ�alification criteria detailed in the S. SUBSEQUENT (R �FEI�; �t%,O N RP Its the Dwelling Unit which is subject o) to I'it sI Lr',ti"{iib nt purchaser, the Dwelling Unit shall be sold o persons or house s iii he waiver qualifying criteria set forth in the lm finance. In the sale or transfer by gift of the Dwelling Unit, the origin I 0 - .t rc uin liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 ccuses 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 Ten Thousund Four Hundred Twenty- - 3 - C OR; 2994 PG; 2926 Eight Dollars and Eighty Two Cents ($10,428,82), 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. completion of this Agreement's requirements after f 15) yea. from the �it�d f issuance of the certificate of occupancy, or u n p,ioorto ofiW ived i fees, the COUNTY shall, at the expense of t e I N o ns: oc mentation evidencing such payment or releu 9. BINDING EFFE his Agreement shal n it and and be binding upon the Parties to this Agree n d their hei., succes ., d assigns. 10. RECORDING, This Ag F N�e` d by COUNTY ut the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager, 11. DEFAULT. OWNER Shull 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 u period of fifteen (15) days after mailing of written notice of the violation. - 4 - OR; 2994 PG; 2927 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 ejttr(u i�o0sed, or otherwise enforced by the COU fJ an action o tf�ii�; law or equity including the fo clo r�oT o iuogguge >° real torty, The COUNTY shall be e it, -t}�,rg y�,w�tl �r� n 01 s, i eluding attorney fees, plus i t t' tt t sttttttilog}y rY t= f)or Od/ its alculuted on a calendar day b is ntil paid. ✓ IN WITNESS WHERE)004-ht,-I!Ar ies AvS,�j'#p)t6d this Agreement for Waiver of impact Fees on the date and year first Witnesses: OWNER: HABITAT FOR HUMANITY OF Print N416 filo COLLIER COUN I ve Print Nan CY)E, Samuel J Urso, M.D., President - 5 - OR: 2994 PG: 2928 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. (NOTARIAL SEAL) J' LAUREN J. BEARD 3`O��d � MY tY1MMI5SlON � l'C f"IVtl �pfl� 8%PIR1:51�2VlW! LMW (.NOTARY FL Nw y Sol 11a k K"Jm" Q. STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. 011iff. (NOTARIAL SEAL] Name of Signature of Person Taktng cknowledgment Lauren J Beard Name of Acknowledger Typed, Printed or Stamped AI val Recommen c b Denton Baker, Interim Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA Taking - 6 - MANAGER day of. 2002 is persona ly known to me. MARY E. BECK MY00MMMY0N♦0CfT/M — '"MPJM"2Z MW or Approved as to form and e cuffic 4 Patrick G. White Assistant County Attorney OR: 2994 PG: 2929 EXHIBIT "A" LEGAL DESCRIPTION LOT 10, BLOCK C, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" - 7 - Type of Impact Fee ` e A nt Owed A. Library Impact Fee 214.00 B. Road Impact Fee 823.00 C. Parks Impact Fee: `�� Pac �` ��,' 820.84 D. EMS Impact Feer) �V 93.00 E. Educational Facilities Sact Fee � 1,778.00 F. Water Impact Fee �rL, CV. 2,740.00 G. Sewer Impact Fee 2,840.00 H. Correctional Facilities Impact Fee 117A8 TOTAL IMPACT FEES WAIVED $10,428.82 - 7 - OR: 2994 PG; 2930 .m !� 04� • 1$• igloo •' d lot ' 1•�� 'CIRC' , e� ' � 1 •�• Cw 9• 14 th• •oo.9 o M i • Y l t rlug I brl ttiukk G. whrs Arw cera CA*My Au'r, 7111 Tu dmw Tram EW Npiek FL 71112 2944610 OR; 2994 PG; 3073 sma it WICU111m 1t a um tOMfl, n 13/111101 It 1140w KIM 1. 90, 1113/1 W M 11.51 aa: MWM i::hill 1111/011 11 PICK Plum 1111N 05.1131 This rpw for r"Ordin AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement fort a ofpact Fees i�o 7d into this alfiay of jua4.•-t 2002, by and between Coll' r431 5.4 political-su ivisiA of I State of Florida through its k'rs f! e " OUNTY." and Habitat for Board of County Comm ssi Humanity of Collier Coun t e d to 'O R," collectively stated as the „Parties." RECITA �0 WHEREAS, Collier C un�jl4 i e- ��Otll�d , the Collier County Consolidated impact Fee Ordinance, as it may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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; 2994 PG; 3074 WHEREAS, the impact tae 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 COUNTY. NOW, THEREFORE, in rd)4ni9 valuable consideration, the rec.sufficiency of the Parties covenant and ag as olFw I. RECITALS IN OR 1t� incorporated by f5 n 2, LEGAL DESCR N, The legal dere (the "Dwelling Un -is attached as Exhi' Recitals, and other good and mutually acknowledged, true and correct and ure unit and its site plan is incorporated by reference herein. — r Cl 3. TERM. The term of this Agree nris o�rno longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 - S. OR: 2994 PG: 3015 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), 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 OWNERZO loy#— ibcr iissand agrees to comply with the affordabl5m` g impact fee wai �ai��ificution criteria detailed in the SUBSEQUENT TR F W ER sells the Dwelling Unit which is sub. - (t� tlLe�- dui r to ub, p m purchaser, the Dwelling the waiver qualifying criteria Unit shall be sol tai to persons or house Ids � 9 Y g set forth in the Im Fts Ordinance. In tsale or transfer by gift of the Dwelling Unit, the origin 'I O Ela Sti f to liable for the impact fees waived tt��9911� until suid impact fees are paid in 1''uil or until 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 It lien on the Dwelling Unit in the amount of Ten Thousand Four Hundred Twenty- - 3 - OR: 2994 PG: 3016 Eight Dollars and Eighty Two Cents ($10.428,82), as set forth in attached Exhibit "B:' This lien may be foreclosed upon ht the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree thut by, and in consideration of u suitable security collateral t>Ling 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. requirements after rif;(ck I'5) years from occupancy, or upon prior pnpwin w the expense oft C payment or relea. o d 9. BINDING EFFE le , is Agreement Panics to this Agreeh0llgd their heirs, to. RECORDING. This COUNTY in the Official of this Agreement's issuance of the certificate of ved irr t\fees, the COUNTY shall, at cVs,sprBrgoculncntation evidencing such E-4 and be binding upon the assigns. by COUNTY at the expense of County, 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 fulls to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fulls to puy 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: 2994 PG: 3077 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 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 utter mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c, In paid. IN WITNESS an action or Impact Fees on the date and year first above Witnesses: .711.. � � 1110 f.. 4�r. r �. Y ' I . real OWNER: or otherwise enforced by the law or equity including the The COUNTY shall be attorney fees, plus on a calendar day Fthis Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNTY Samuel J. o, M.D., President - 5 - OR: 2994 PG: 3078 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking Ackawledgment Lauren J Beard Name of Acknowledger Typed, Printed or Stamped LWJtENl.9EARD 0 _j MY COMMMIi M O M MM COLLIER COUNTY, FLORIDA Mznars wwaa IAfAJ•v /y Noy M,Yw• Cs S W, o O NTY MANAGER STATE OF Flori COUNTY OF Collier The foregoing Agra n n wl d d 0 ohs aday of2002 by Thomas W. 011iff, Count g on al of t CO E is personally known to me. [NOTARIAL SEAL] Signatu nfn aking Ackno�nt MARY E. BECK >� MrcoMMuWwsccQ?w Fs �o exw;t a Area a AW Name of Acknowiedlter-Ty , Printed or Stam Ap royal Recommen Denton Baker. Interim Director Housing & Urban Improvement I� Approved as jo forth a e suff y: Patrick G. White Assistant County Attorney OR; 2994 PG; 3079 EXHIBIT "A" LEGAL DESCRIPTION LOT 11, BLOCK B, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH SI, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOTAL IMPACT FEES WAIVED - 7 - „B„ unt Owed 214.00 / 820.84 Co 93.00 1,778.00 2,740.00 2,840.00 117.98 $10,4211.82 Type of Impact Fee A. library Impact Fee B. Road Impact Fee C. Parks Impact Fee: CCS D. EMS Impact Fee E. Educational Facilities Syst 4111 , F. Water Impact Fee G. Sewer Impact Fee H. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED - 7 - „B„ unt Owed 214.00 / 820.84 Co 93.00 1,778.00 2,740.00 2,840.00 117.98 $10,4211.82 0 Prapind byi ftt"G. WEpe Aw%C9WwCaWy Att'y. 3301 TaWd Tna YJA Nwk1, FL 5/113 2944602 OR: 2994 PG: 3009 nem to t mem m r, I OI CUM e11M1T, n 111/1/102 at 11,0111 MW 1. 111a, all[ Ile 1U 11.51 IIt1, MIMN I MU IttI10g111I't' Ila 11IIIWNtM 1tAd 03.2111 This rpu Nr rt o t"x AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the ' zt4- finto this J `�vay of 1eii:u..;t 2002, by and between Collie Co�tpo ideal subdivisio o\f tete State of Florida through its Board of County Commi sio ers Ire' er refe d to OUNTY," and Habitat for Humanity of Collier Count I here na to fo NE ," collectively stated as the Parties.,. k WHEREAS, Collier Co� Cu�y)'Ord'nl anoe No 2 fr3 he Collier County Consolidated Impact Fee Ordinance, as it may be fu rf> :116LnA# time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new ownor-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 rile 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 - I - OR: 2994 PG: 3010 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 us 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 u 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 valuable consideration, thYOR 1� the Parties covenant and us 1. RECITALS IN incorporated by 2. LEGAL (the "Dwelling Recitals, and other good and hereby mutually acknowledged, are true and correct and are The legal des1hit o)welling unit and is site plan attached us Er is incorporated by reference herein. ��•�� 3, TERM. The term of this A0reeet is r no 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 us affordable housing and shall be offered for sale in uccordunce 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 u very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - OR; 2994 PG; 3011 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinunec 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), 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, oWNNl h��i(c�v a is and agrees to comply with the affordabl ' g impact fee wait r ju ificution criteria detailed in the Impac cc S. SUBSEQUENT TR I W R sells the Dwelling Unit which is subjec in tp c1 f e i �r to sib • Ao nt purchaser, the Dwelling Unit shall be sol "I to persons or house ds 1 he waiver qualifying criteria set forth in the fin Ordinance. In t�` %f' sale or transfer by gift of the Dwelling Unit, the origin '~t� tE11--sit (ij1 rdrtt in' liable for the impact fees waived ��� until said impact fees are pard in t'uITtir until 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 Ten Thousand Four Hundred Twenty- - 3 - OR: 2994 PG: 3012 Eight Dollars and Eighty Two Cents ($10,438.82), 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 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.,-. �sG� KAI requirements after 15) years from occupancy, or u n p tor�tpay en f-the"4 the expense of payment or rele n 9. BINDING EFFE is Agreement shad Parties to this Ag r en( nd their heirs, st 10. RECORDING. This A ct ni hitt)-. COUNTY in the Official Records of Colli r completion of this Agreement's at ff issuance of the certificate of ved i pttC fees, the COUNTY shall, at es doe mentation evidencing such in it A and and be binding upon the d ussigns. s ed by COUNTY at the expense of County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if; a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliunce, 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 ol'the violation. - 4 - OR: 2994 PG: 3013 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 tiny 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 paid. IN WITNESS W an action or Impact Fees on the date and year first above Witnesses: M �[l1 iJ fl real OWNER: or otherwise enforced by the law or equity including the The COUNTY shall he attorney fees, plus on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY COLLIER COUNTY, 4NC./4 - 5 - Samuel J. DuD 6, M.D., President OR; 2994 Not 3014 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. d. C:� Xz rt [NOTARIAL SEAL] Signature of Person Taki knowledgtnent Jot LAUwREN J. BEARD Ilk wYaoft"ace?"M M W"M ON= I.600 1-N"ARY Fk No" S w& RMxCc STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. 011iff, [NOTARIAL SEAL] Duren J. Beard Name of Acknowledger Typed, Printed or Stamped Name of Acknow Approval Reco:7— Denton Baker, interim Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA *day of2002 is personally known to me. 5° MARY a BECK Rncoumt mfOC12" «hi° VMRM Ap11 A7004 Printed or A proved as to form and ego uffici Patrick G. White Assistant County Attorney OR; 2994 PG; 3013 EXHIBIT "A" LEGAL DESCRIPTION LOT 13, BLOCK B, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH $l, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" - 7 - Type of Impact Fee nt Owed A. Library Impact Fee 214.00 � �� B. Road Impact Fee 1,825.00 C. � Parks Impact Fee: C)` Jv 820.84 D. EMS Impact Fee 93.00 E. Educational Facilities S s e� m actp Fee�C 1,778.00 F. Water Impact Fee TSI£ CA 2,740.00 G. Sewer Impact Fee 2,840.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED $10,428,82 - 7 - WFU C.� Twq CQ ,.VIA.:. PY Prepared hyt Patrick G. white Ar'1, Collier County Aa'y, 33411 Tndsml Tull Efet Nopin, FL 3/113 File# 03.051 -IF 3082893 OR; 3158 PG; 2593 IICONDID iN 0111CIAL HOW Of C011III1t 00"", IL 11/21/2001 at 10:17AN DNIM 1. BIOCK, CLINK Ric 111 31.51 Retp: IIIANCIAL ADNII i NOOSING INT110111c1 AM LAORKN BIARD1403.23311 TMs space mr reca dkg AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMH.Y AFFORDABLE HOUSING DWELLING This Agreement for the DefefOQ� t Fees is entered into this day of �N1 • , 2002 by 26ji�n-wt—yv-�C-bmmiss' Collier Cou'nt\�a litical subdivision of the State of Florida, through its the Bo o� ers, ftd in fter referred to as "COLfNTY," 'a_. -r and Habitat for Humani o o !� aft referred to as "OWNER," collectively stated as the " ar�i RECITAS: WHEREAS, Collier ft,,Ordinance No. 20 Ebe he Collier County Consolidated Impact Fee Ordinance, as amend "' T'y? ,,�further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3158 PG; 2594 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, THEREFORE t T valuable consideration, the e' t the Parties covenant and a ree i 1. RECITALS IN Q incorporated by nce herein, 2. LEGAL DESCR The legal (the "Dwelling Unit") tit herein. Housing. of the )o"%,ing Recitals, and other good and whic ereby mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR: 3158 PG: 2595 payments to purchase and pay for 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 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 at 6 t 2.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWNER r housi tilt Ord'Ln a dut 5. SUBSEQUEN dS which is subje t e I 1 Unit shall be s ly criteria set forth in the Dwelling Unit, the )WNE n�t>il no later than the expiration of the TERM, trovena�itis TaQ' s to comply with the affordable fee deferral qualifi tion riteria detailed in the Impact Fee tI;E� phcr E fIt�O ' NER sells the Dwelling Unit nee de Fal la's s uent purchaser, the Dwelling to persons ortts� h e eeting the deferral qualifying C� naetggFee Ord"(/1n�t e case of sale or transfer by gift of )nshall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2596 Hundred Twelve dollars and 98/100 ($11.612.981, 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, parity with any lie 8. RELEASE OF requirements, Mel the expense o �thhr payment, inclu ik Y. 9. BINDING E Parties to this Agr but not limited to, 10. RECORDING. This Agreement person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such the land and be binding upon the and assigns recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11, DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, faits 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: 3158 PG: 2591 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 deferred shall be paid in full by OWNER to the COUNTY within thirty (30) days of written gotif►cation 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, the_COUiVTY-..,may bring a civil action to enforce the c. In addition,;(�e-lien,may be forrelgsed� or otherwise enforced by the including the foreclosure of a 11 be entitled to recover all fees and c�, including attorney fees, pl ni 4erest at the statutory rate for iudamen� ulated on a calen� y �s} until paid. &I OR: 3158 PG: 2598 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: OWNER: Habitat for Humanity of toic� Collier Coun ,Inc. 01 Samuel Urso, M.D., President STATE OF, �` ) COUNTYOFQ0111W _) The foregoing Agreement 2002, by Samuel J. Durso, M.D, personally known to me. 1 [NOTARIAL STATE OF FLORIDA) COUNTY OF COLLIER) me this LL day of V �r Humanity of Collier County, Inc. He is Acknowledgment , FLORIDA COUNTY The foregoing Agreement was acknowledged before me this Q k day of 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL] „ � .,,, Lam J. Beaignature of Person'Faki Acknowledgment CommissionODDI59M ExP� a tm 2006 Aflrtle MrlLrM v Approved as to form and uffic 'y: sAA Patrick O. White Assistant County Attorney Approval Denton Baker, Interim Director of Financial Administration & Housing OR; 3158 PG; 2599 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 400 Block A, Habitat Village, according to the plat thereof as recorded in Plat Book 37, Pages 48 through $1, Inclusive, of the Public records of Collier County, Florkla. EXHIBIT"B" IMPACT Type of Impact Fee �c A. EMS Impact Fee B. Correctional Faci tie( ]m /1 Library Impact F I( D. Parks impact Fee: �� t E. Educational Faciliti F. Road Impact Fee C G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES (em Impact Fee POWPomu&ASmnxtu/A0ilsgrL400% Dekml Agmen t (081602 1012) 7 $2,690.00 $2,$40.00 $11,612.98 BOUNDARY SURVEY *** OR; 3158 PG; 2600 6KISTINO D CONCRATE SIDEWALK FULLER LANE TRACT "R" 60' RIGHT-OF-WAY (A.E., D.E. AND C,U.E.) _rS 89*53'32" E 429.03' ��Nc 20' WIDE ASPHALT PAVEMENT '•ot 374.03' n• Ipa CONCRETE �'y,i _ u 'Nk TRACT _D_-_3 (DRAINAGE) R 6' BUFFER EesEMEHT TRACT B b9GA.eB BUFFER j 438.83' 66.00' .�. r�r LEGENDAs 89.53'32"E 55.00'1= F A�ao rtbast �+ ' nrua ttae ttav ( ��J� • 4oaRr unm rmr .`an '{L ras tutee Iftlaw NYtpltrlt otnv u �j1Z m u . um its s 10' PUBLIC UTILITY EASEMENT ----- --------DOD -------- DO ----^'-- ------ m— m m W � LOT 42 LOT 41 LOT 40LOT 39 LOT as BLOCK "A" BLOCK "A" N BLOCK "A" N co BLOCK "A" BLOCK "A" C to b b O O 30' BUILDING UNIT LINE T ORAINAOE EASEMENT i. — — — — — — — — — — — — — — B9'ss3132"�r�ii�i nn, �'y,i _ u 'Nk TRACT _D_-_3 (DRAINAGE) R 6' BUFFER EesEMEHT TRACT B b9GA.eB BUFFER j 438.83' 66.00' .�. r�r LEGENDAs va�r aana �.0 � ��• bJ F A�ao rtbast �+ ' nrua ttae ttav ( ��J� • 4oaRr unm rmr .`an '{L ras tutee Iftlaw NYtpltrlt otnv u �j1Z m u . um its s • .��x�nya/�aw�nv • M.s 0WOUT 141Yi�lO�b�R1 WMIII� ICY . •1C�II.IDy�Qm M ON 1�O��f11RA0t.O�R Wwalo KDR �� Ni 12196 PULLER LANE SCALE: 1" 30' PROVEMENTS ARE EKISTINO UNLESS OTHERWISE NOTED, URVEY 18 SIGNED AND SEALED TO THE DATE OF FIELD WORK AS SHOWN. IONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1929. PANEL No. 120037 0806 D INDICATES THAT THE PROPERTY IS IN ZONE 'AE", ELEVATION 7,0. 08 ARE BASED ON THE RECORDED PLAT USTED BELOW. 1CTOR/OWNER SHAD, VERIFY CONSTRUCTION SETBACK RESTRICTIONS, =MENTS ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. L6OAL DESCRIPTION: LOT 40, BLACK •A' OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PACES 48 AND 49 OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA, SAID PARCEL CONTAINING 3874.00 SQUARE FEET OR 0.08 ACRES MORE OR LESS, 1 HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COWER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE THE THE THIS SUS M6 9�IfSTHEH MINIMUM ACCURATE TEEC TECHNICAL STA StO17.0 OF THE FLORIDA ADMINISTRATIVE COOK, CTION AND THAT t CERTIFY THAT AS PER RULE CENTIFICATION Ig ONLY FOR THE LANDS AS DESCRIBED, IT 13 NOT A CERTIFICATION OFTILE, ZONING, EASEMENTS, FREEDOM FROM ENCUMBRANCES OR CONSTRUCTION SET BACK RSSTRICITONS, ABSTRACT HOT REVIEWED. THIS SURVEY W SUBJECT 7'0 BASEMENTS, RESTRICTIONS (INCLUDING CONSTRUCTION SETBACKS) AND RESERVATIONS OF RECORD. GM Mc NLY ENGINEERING CE OT VAIX _ D EMaM-" He, `° AL .A.ek D.0 Cult! tAt NOT VAIN OIBDA•ED MM SEAL ►• M��NwL. u.. OAvIQ.C, volnum P.S.M. 98272 %f , DCi00Y1 4a, sm kW , t' • w ms a IND 3082891 OR; 3158 FG; 2577 RICORDID In OIIICIAL RICORDS of COLLAR COUNTT, FL 11/21/2002 at 10:I7AN DWIGHT I. BIOCI, CLIRN Pteiaredbyt Ric III 37,50 Retn, PtlArk6.White FINANCIAL ADMIN E HOUSING AWL Collier County Alt'y. 3301 Tatnlatnl Troll Gari INTIROFIICI N■pla,FL34112 ATTN: UUNIM BNARD1403-23361 File# 03.053 -IF Tnls rprc for revrdl� AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defe>k OQ fj�npact Fees is entered into this 13 day of �d.l n beti, 21702 by '�w'een Collier Co ,�� litical subdivision of the State of Florida, through its the B C`'�jy►�t_ Nmmisslo ers, h rei er referred to as "COUNTY," and Habitat for Hum y a f o e i aft r referred to as "OWNER," collectively stated as the WHEREAS, Collier 'C"06�1y�Ordinance No. 290J Vthe Collier County Consolidated Impact Fee Ordinance, as amend-IrC A,t may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and I OR; 3158 PG; 2578 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, valuable consideration, the the Parties covenant and 1. RECITALS incorporated by ¢ rice herein. 2. LEGAL DESCRThe legal (the "Dwelling Unit") � i herein. Housing. of th=whicis Recitals, and other good and :fit pfiereby mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 wan -ants the following: a. OWNER's household earnings will not exceed the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR; 3158 PG; 2579 payments to purchase and pay for 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 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 $11.612.98, as set forth in attached Exhibit `B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by 5. SUBSE( which is Unit shall be sote'it *Iv to persons or criteria set forth in the Dwelling Unit, the later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee '(IfjO NER sells the Dwelling Unit F� a � quem purchaser, the Dwelling A I meeting the deferral qualifying $t the case of sale or transfer by gift of shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2580 Hundmd Twelve dollars and 98/100 ($11 &12— 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, parity with any lien 8. RELEASE OF requirements, icIn the expense of the C) payment, inelud'tl 9. BINDING EFFE Parties to this A2rer not limited to, tis Agreement ther person, except that this lien shall be on U of this Agreement's fees, the COUNTY shall, at evidencing such (he land and be binding upon the assigns 10. RECORDING. This Agree ettCsfia1) - recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 3158 PG; 2581 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 deferred shall be paid in fall 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, the :9OUV-W_may bring a civil . action to enforce the Agreement. c. In additi lien . ay be foredo r otherwise enforced b the CO , yrKtSon�i�Gi}�inJP4",e�q�i'ty�ncluding the foreclosure of a entitled to recover all fees and cositj'` cfuding attorneys *s, �lus/iggiest at the statutory rate for u atW on a mft dad day ski 'until paid.cy- 5 OR: 3158 PG: 2582 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: STATE OF -4 0 () ) COUNTY OF UOW The foregoing Agreement 2002, by Samuel J. Durso, M.D. personally known to me. (NOTARIAL J. L STATE OF FLORIDA) COUNTY OF COLLIER) OWNER; Habitat for humanity of �- Collier Countv. Inc. Samuel JXrGo, M,D., the this a_ day of rtP�,1�1 t/� t' , Humanity of Collier County, Inc, He is %��qoq ' ` Acknowledgment , FLORIDA COUNTY The foregoing Agreement was acknowledged before me this 9L day of X� W Q 2002, by James V, Mudd, County Manager, on behalf of the COUNTY. He is personally known to Me. [NOTARIAL SEAL] JAUM J BWd Signature o Person TMMrg Acknowledgment ~6'sCemmWm1DDIS90it4 ExPim, Oct 24, 2006 Approved as to form and RecoTmend Approval suffi �y Patrick G. White Denton Baker, Interim Director Assistant County Attorney of Financial Administration & Housing 13 OR: 3158 PG: 2583 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 42, 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 Colder County, Florida. EXHIBIT'S" IMPACT FEE BREAKDOWN Type of Impact Fee c Z� R A. EMS impact Fee C�^ c B. Correctional F act ifl ties C. Library impact F D. Parks Impact Fee: �)C,,� E. Educational Faciliti s d F. Road Impact Fee G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES $11 Impact Fee $2,840.00 $11,612.98 PoWPomw&Agmeme WAOt1*V10G% DdmW AgamcM(0816021012) 7 BOUNDARY SURVEY *** OR; 3158 PG; 2584 EXISTING 5' CONCRETE SIDEWALK FULLER LANE TRACT "R" 60' RIGHT—OF—WAY (A.E., D.E. AND C.U.E.) _ 9 8983'32" E 429.03' EXISTING 20' WIDE ASPHALT PAVEMENT 284.03' ,�j' — �. 166.00' VALYGEE CONCRETE VAIEUTTR j I 89.53'32"E 55.00'1 10' PUBLIC UTILITY EASEMENT ----- --------W -------- DD-------- QD W � LOT 44 LUT 43 -cO LOT 42LOT 41 LOT 40 BLOCK A" BLOCK "A" FV BLOCK "A" Tv co BLOCK "A" BLOCK "A" to �O 0 0 0 bo ---------------------- 7' DRAINAGE EASEMENT ,Z V] — — — — — — — — — — — — — 89• 5 00 i _ — — — — — — — — — — — — — — i!�` — I TRACT D—�—(DRAINAGE) — — — 5' BUFFER EASEMENT TRACT B c ?�D aR>, ;'A 32e.ee' 2 165.00' N 8 153 r � 1 b'{ LEGEND We • u w QQ wim xou `°jTt' Q) a&IL : illwa u"nnY�a�mn V'- Pull Mara • MAOFLL 1180110M ansa w" Ya . VIYIY AIFYYO p�yu . MNYI _.�� 'W . M AIW ll !IM " Y , p • MI�"Wyya�MYyw' W01 PlA . �Iw11 "1i1R MO110Ypt � ' i111Y16 AM1�� mom 11 ftl111tlt RMR V' •MOILII WM' NOTES: ADDRESS: 12167 FULLER LANE SCALE: I. 30' ALL IMPROVEMENTS ARE EXISTING UNLESS OTHERWISE NOTED. THIS SURVEY IS SIGNED AND SEALED TO THE DATE OF FIELD WORK A9 SHOWN. ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1929. FIRM. PANEL No. 120057 0805 D INDICATES THAT THE PROPERTY IS IN ZONE "AE", ELEVATION 7.0. BEARINGS ARE BASED ON THE RECORDED PLAT LISTED BELOW. CONTRACTOR/OWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. ONLY EABEMENTS ON RECORDED PUT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. LEGAL DESCRIPTION: LOT 42, BLACK "A" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PAGES 45 AND 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 3674.00 SQUARE FELT OR O.GS ACRES MORE OR LESS. I HEREBY CERTIFY to., HABITAT FOR HUMANITY OF COLLIER COUNTY. INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION AND THAT THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF•1 FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.027, FLORIDA STATUTES AS PER RULE 61017,6 OF THE FLORIDA ADMINISTRATIVE CODE, CERTIFICATION 18 ONLY FOR THE LANDS AS DESCRIBED. IT 19 NOT A CERTIFICATION OF I=. ZONING, EA9EMENTB. FREEDO10 BIMECTT TO )LAMENTS, CES OR RESTRICTIONS INCLUDING CONON SET STRUCTION SETBACKS AK RESTRICTIONS, NDD RCT NOT ESE M 011 OF IR 'ORDDRVEY D. COI:O�CATC O4 AUINOII12AT" Na LB 576] WANLY ENGINEERING M"""a"` °""� VX WT 7"m UMM "�`G "M SE"` AND DESIGN INC. \ '°°m DA"'d i olmeO. P.s.M. /e279 tMOMKEMNo, PLARRMOO. LANo SUA1E"NO an ocraEA 'Kam ANO LANDSCAPE ARCRIIECNAE MCNA , 1' - F' an ane° rroMM,ffi91 Pl101m 14/ NM-aM X160 FOL• xw" tiwam brs ValrklG. W1114 An% CaMMr CowNy Aa'y. M Taw1aW TYaa Fad N*k4 FL 34113 2944611 OR: 2994 PG: 3081 "Wo is onlem MW of am mm, n 113/12/2111 at 12:1411 Mal 1. 11001, am at 611 22.9 aa: 01 1 i af1Y iff "V1811f PICK alum ala 412.2221 IU Sime ra. new,Fy AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITA6"� TJ FOR HUMA�N,ITY, INC. This Agreement for the WAT pacrmYy t dee `��% into this ��day of P r 2002, by and between Collier 9bun �a litipal subdivision ibthState of Florida through its Board of County Commissi ne in %e� jerne t 'C NTY," and Habitat for Humanity of Collier County, cam., in cl rife as 'O collectively stated as the lJ E� "Parties." RECITALS: DC7 WHEREAS, Collier Count t�cn_c Nva:-2�gW�1 Collier County Consolidated Impact Fee Ordinance, as it may be furthe xfi p I°i.. m time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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: 2994 PG: 3082 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 Af'f'ordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in conste'_t�f��tegoing Recitals, and other good and valuable consideration, the recei 9iffficiency of w s ���k reby mutually acknowledged, the Parties covenant and agree s fIt 1. RECITALS INC R w h f Is true and correct and are incorporated by .e �n. i �. 2, !ECAC DESCRI � The legal descrion f t efling unit and its site plan (the "Dwelling Unit tuched as Exhibt� is incorporated by reference herein. �?�' 3. TERM. The term of this Agreement is r no longer than a period of fifteen (I5) years commencing from the date the certiticute of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain us affordable housing and shall be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and Ibis Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER'S household earnings will not exceed u very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - OR: 2994 PG: 3083 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, 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 Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), 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, OW Rte rr c lta is and agrees to comply with the afforduhl ' impact fee wait ification criteria detailed in the Impact cc cel --- S. SUBSEQUENT R 11 , g fly WN R sells the Dwelling Unit which is subject fer i —to s b: nt purchaser, the Dwelling Unit shall be sold to persons or house Ids �N� he waiver qualifying criteria set forth in the Im e'' a Ordinance. in thh c �e�p sale or transfer by gift of the DwellingUnit, the ori \O 1 R-,%li f lea n liable for the impact fees waived g. t�IY CI�� until said impact fees are paid in Tail-twUfitil 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 dute 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 Ten Thousand Four Hundred Twenty- - 3 - OR; 2994 PG; 3084 Eight Dollars and Eighty Two Cents ($10,428,82), 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 ti s u_i completion of this Agreement's requirements after f"ft a/ (15) years for m�� issuance of the certificute of occupancy, or u h prwr� n oof the-QNed irrl fees, the COUNTY shall, at the expense of to C�N9J°�0 1 n c s:uloc mentation evidencing such Payment or rete g Its �_ J r� 9. BINDING EFFE C`e`p is Agreement shale it and and be binding upon the Parties to this Agree n d their heirs, susses d assigns. 10. RECORDING. This AgTeen Mu i by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if. a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 2994 PG; 3085 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 uny 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 (40) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement, c. In IN WITNESS paid. x an action or Impact Fees on the date and year first above Witnesses: real OWNER: or otherwise enforced by the or equity including the The COUNTY shall be attorney fees, plus on u calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUN Samuel LAGNA M.D., President - 5 - OR: 2994 PG: 3086 STATE OF Elm COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. b [NOTARIAL SEAL) Signature of Person T cknowledgment LAUREN J. MMD IM` WCOM"M �oxmnr M' twr� iJnD.l.N01A11Y MNrryNMw� Co STATE OF Florida COUNTY OF Collier The foregoing by Tbomas W. 011iff, (NOTARIAL SEAL) Name of Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped MM Denton Baker, Interim Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA Taking - 6 - i' day of , 2002 is personally known to me. MARY E. BECK MY MMNaS3M 1 OC 9vM EMKIS"17.-WMN or Approved as to form and "suT-qj .Milr,(, Patrick G. White Assistant County Attorney OR: 2994 PG: 3087 EXHIBIT "A" LEGAL DESCRIPTION LOT 12, BLOCK B, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH 519 INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ,.B., Type of Impact Fee A nt Owed A. Library Impact Fee 214.00 B. Road Impact Fee 001,825.00L_ C. Parks Impact Fee: 820.84 D. EMS Impact Feew f� �o 93.00 E. Educational Facilities Sypact Fee 1,778.00 F. Water Impact Fee \T iii 2,740.00 G. Sewer Impact Fee 2,840.00 H. Correctional Facilities Impact Fee Mm 9 TOTAL IMPACT FEES WAIVED - 7 - $10,428.82 0 K - "Wig 0 0-00000 0i) t1% *** OR: 2994 PG: 3088 M w 000/ 7' R00000" P oc ��eet no ilka. 0000 OPP JSOO. ?A r.. •�� g4� y� tvSSD <n � Olt 0 0-00000 0i) t1% *** OR: 2994 PG: 3088 M w 000/ 7' R00000" P oc ��eet no ilka. 0000 OPP JSOO. ?A r.. •�� g4� y� tvSSD <n � Prepared by: P.hirh G. while An%Colder Corney Aa'y. 3301 TnIWnml Tna ttW Nrpla, Aft, 31112 FIIe1103-076-IF 3082870 OR; 3158 PG; 2409 RHCORDID 30 0111CIAL RICORDS of COLLIII LOOM, i1 11/21/1002 At 10:17M DWIGHT I, BROC1, CLIII RetA: 11C 111 37.50 lINANCIAL ADNIN R HOUSING INTIROIIICI ATTI: LAURIN DIARD(103-2338) 11% epece ror recon11% AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Ik �trdlL�fdQ -9tnRact Fees is entered into this l j day of 2002 by ?0,4een Collier C��. litical subdivision of the State of Florida, through its the B otji Cbmmissi ers, he in er referred to as "COUNTY," and Habitat for Humani19r0 ll*(,Mt 1 � referred to as "OWNER," collective) stated as the " jj Jl WHEREAS, Collier eon -f),, -,Ordinance No. 200t2,�(he Collier County Consolidated Impact Fee Ordinance, as amend 1(as°it!may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and 1 OR: 3158 PG: 2410 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support o f-c!n jt1[,f rdable Housing. NOW, THEREFOR lin nsideration ooing Recitals, and other good and valuable consideration, th re c i an fficietic of w h i hereby mutually acknowledged, the Parties covenant and g ilg y 1. RECITALSfore= i g als are true and correct and are incorporated b C rence herein." 2. LEGAL DESCR . The legal desc ' t�o the dwelling unit and its site plan (the Dwelling Unit is. t jred x ' t'AA," and is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR; 3158 PG; 2411 payments to purchase and pay for 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 remain, the homestead of the OWNER or any subsequent owner; OWNER is the owner of mord of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of $11,612,98, as set forth in attached Exhibit `B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by OVD_MR -antit no later than the expiration of the TERM, yj OWNER housinff i T10_7 S. SUBSEQUE C"1 which is subjec tto Unit shall be sol �i� criteria set forth in tt to comply with the affordable detailed in the Impact Fee R�J E If R sells the Dwelling Unit npact /fee de . to a s uent purchaser, the Dwelling to persons or:nsww" eeting the deferral qualifying �kf=.Ordrinhe case of sale or transfer by gift of the Dwelling Unit, the original—OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and he a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR: 3158 PG: 2412 Hundred Twelve dollars and 98/100 ($11,612.98). as set forth in attached Exhibit "H." 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, parity with any lien 6M�' 8. RELEASE OF L requirements, cl 'n p the expense o f o *J, payment, Parties to this 10. RECORDING. This not limited to, Agreement person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such the land and be binding upon the and assigns recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11, DEFAULT. OWNER shall be in default of this Agreement if: a, OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 3158 PG; 2413 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 deferred 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, theCOUNTYmay bring a civil action to enforce the Agreement. c. In additigti, liii6lien may be foreclaged,\or otherwise enforced by the yy actioeq suit, in IaJy or eg4ity�ncluding the foreclosure of a be entitled to recover all fees and cos A) clrt"dmj atforneys�ees,' ds j�t'rest at the statutory rate for .iudgment � l ttlated on a eaten a( a t) ntil paid. 5 OR: 3158 PG: 2414 IN WITNESS WHEREOF, the Patties have executed this Agreement on the date and year first above. written. The foregoing Agreement was 2002, by Samuel J. Durso, M.D., !; personally known to me. /10, .[NOTARIAL SE STATE OF FLORIDA) COUNTY OF COLLIER) Habitat for Humanity of Collier C my S J. Durso, M.D., President me this 13-_ day of , lumanity of Collier County, Inc. He is Acknowledgment COUNTY The foregoing Agreement was acknowledged before me this -QIA_ day of v 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. , / [NOTARIAL SEAL) Lauren J Beard Signatur�c of Person ng/Acknowledgment " CwaoiuboADD159011 • Sxpim., Oct 24, 2006 , , 9owednw Approved as to form and a°cO suftic c Uy Patrick O. White Assistant County Attorney Recommend Ap roval Den on Haker, Interim Director of Financial Administration & Housing 0 OR; 3158 PG; 2415 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc, Lot 22, Block C, Habitat Village, according to the plat thereof as recorded in Plat Book 37, Pages 48 through $1, inclusive, of the Public records of Collier County, Florida. 0, Type of Impact Fee(r:��Yp A. EMS Impact Fe B. Correctional FaWN C. Library ImpactD. Parks Impact F� E. Educational Faciliti to F. Road Impact Fee G. Water Impact Fee H. Sewer hnpact Fee TOTAL IMPACT FEES EXHIBIT `B" Owed 1,1 5 Impact Fee��� ,1,7� � �� �85.00 11E ctR, � $2,690.00 $2,840.00 $11,612.98 P0WFoM8&A9rcemen%tAflHWVi0D% Derand ABmKn WO816021012) 7 BOUNDARY SURVEY TRACT *D-2„ OR; 3158 PG; 2416 (DRAINAGE) e On�cnn n" n .__. _.._._ P1 Ott OJ a74 W 66,UU VALLEY CUTTER E CONCRETE qI 12200 EKISTINO 20' NIDE ASPHALT PAVEMENT N 89"63'3— Z" W,,R 429.03' FULLER LANE , D.E. AND C. "m N 89.63'32" W 393. ' SCALE: t" r 30' :KISTING UNLESS OTHERWISE NOTED ON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1929 0605 D INDICATES THAT THE PROPERTY IS IN ZONE "AE". ELEVATION 7,0 THE RECORDED PLAT LISTED BELOW A._ VERIFY CONSTRUCTION SETBACK RESTRICTIONS LEGAL DESCRIPTION: IAT U. BLACK "C" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PAGE 40 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 4910.91 SQUARE FEET OR 0.11 ACRES MORE OR LESS. I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COWER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION AND THAT THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.027, FLORIDA STATUTES AS PER RULE 93017.E OF THE FLORIDA ADMINISTRATIVE CODE, CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CR9 VWATMV ne T TP oninur-�e.e v.eu,o nNaT: N000a we : NovMleut a. roo4 ruA : 1• . m' IATM No. LB SM as= WDH SIAL P.S.M. /6279 vv 12' DRAINAGE EASEMENT -- -----------------------o 0 O— — — — — — — — — — IAT 23 w IDT 22 LOT 21 BLOCK "C° GO BLOCK "C" GO BLOCK "C" � m o b 0 0 !0' PUBLIC UTILITY EASEMENT i:Y19'MNC A' Cnuneon'c e:ner.r� .__. _.._._ P1 Ott OJ a74 W 66,UU VALLEY CUTTER E CONCRETE qI 12200 EKISTINO 20' NIDE ASPHALT PAVEMENT N 89"63'3— Z" W,,R 429.03' FULLER LANE , D.E. AND C. "m N 89.63'32" W 393. ' SCALE: t" r 30' :KISTING UNLESS OTHERWISE NOTED ON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1929 0605 D INDICATES THAT THE PROPERTY IS IN ZONE "AE". ELEVATION 7,0 THE RECORDED PLAT LISTED BELOW A._ VERIFY CONSTRUCTION SETBACK RESTRICTIONS LEGAL DESCRIPTION: IAT U. BLACK "C" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PAGE 40 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 4910.91 SQUARE FEET OR 0.11 ACRES MORE OR LESS. I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COWER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION AND THAT THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.027, FLORIDA STATUTES AS PER RULE 93017.E OF THE FLORIDA ADMINISTRATIVE CODE, CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CR9 VWATMV ne T TP oninur-�e.e v.eu,o nNaT: N000a we : NovMleut a. roo4 ruA : 1• . m' IATM No. LB SM as= WDH SIAL P.S.M. /6279 3082869 OR; 3158 PG; 2401 IICOIDID in O1IICIIt1 RICORDS of COLLIII COMM, 1L 11/2111002 at 10:17M DWIGHT 1, BROCI, CLIRI RIC M 31.50 Prepared by: Rltn: P■Wa G. wtdte 111ANCIAL ADMIN i HOUSING ASST. Cutlkr Co ntr Any' I"11011IcR 3301 Ta WwW Trvi East ATTN: LADRIN BIRD(403-2336) Naples, M M112 Flleli OWS-IF Tbts Spam to rtc""s AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the 9RIw® pact Fees is entered into this." day of `nom 0 2002 b tween Collier Co t , political subdivision of the State of Florida, through its the B f�omm►ssi neners, eret after referred to as ay gami) "COUNTY," !' s" N� and Habitat for Hum se h n er referred to as "OWNER;' collectively stated as the RECCf WHEREAS, Collier o ty Ordinance No. 111 , the Collier County Consolidated Impact Fee Ordinance, as amenA may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3158 PG; 2402 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support NOW, THEREFORF� valuable consideration, the7c i the Parties covenant and a ree c 1. RECITALS I incorporated by nc 2. LEGAL DESCR O (the "Dwelling Unit")� herein. Housing. of th ' oging Recitals, and other good and Xr°f whit is hereby mutually acknowledged, are true and correct and are herein. The legal descripI on4ifjEhe dwelling unit and its site plan t hr g ib'y�A1," and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR: 3158 PG: 2403 payments to purchase and pay for 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 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 $11.612.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by 5. SUBSE( which is Unit shall be sdtd�oryly to persons criteria set forth in the Dwelling Unit, the no later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee sells the Dwelling Unit a E tfb$ vent purchaser, the Dwelling meeting the deferral qualifying case of sale or transfer by gift of shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2404 Hundred Twelve dollars and 98/100 ($11,612.98). 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 - g 4cry c�i o�, er person, except that this lien shall be on parity with any lien u i<y taxes. 8. RELEASEOF LUpon sati�f dory co pletion of this Agreement's requirements, i cl 'ne t c� erj p ct fees, the COUNTY shall, at the expense o she tU y n ss� ocumentation evidencing such payment, inclu ig, but not limited to, a axle co ti1I . 9. BINDING EFFE , is Agreement shai>7 the land and be binding upon the Parties to this A recm0i`Y; t e rrs 4s�s �, and assigns 10. RECORDING. This e e_nt_gWa­ffI be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 3158 PG: 2405 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) 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 deferred 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, the _ COVNTY-array bring a civil action to enforce the Agreement. c. In additipit, i4—lien--may be forecl6sed,\or otherwise enforced by the E the foreclosure of a be entitled to recover all fees and cosi( ,J' cluding attomeys-gees, `plu�,it'itftrest at the statutory rate for t� aced on a calenda'FV4 , i until paid. 9 OR; 3158 PG: 2406 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: s���C���A1a7�� vo-IIYL�• Print JL L(Xv'9'kv1t6- PKnt v . :' STATE • COUNTY The foregoing Agreement 2002, by Samuel J. Durso, M.D. personally known to me. [NOTARIAL STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: Habitat for Humanity of Collier Count Inc. Samuel l urso, M.D., President me this 13— dayof Q�1 , Humanity of Collier ounty, Inc. He is Acknowledgment , FLORIDA AGER fiobm The foregoing Agreement was acknowledged before me this Q% day of 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He, is personally known to me. [NOTARIAL SEAL]]�},� LAUUM 1 �� Signature of Person Takmg Acknowledgment Commiuion OD1590i/ i" BxpirOct tw 2006 8o ao�a'nni '''ndin``�` AWrtbaa igCo.,kA AgW roved as to formmaannd u c ;Uy: pl,� Patrick G. White Assistant County Attorney R mmend Approval Denton Baker, Interim Director of Financial Administration & Housing D OR; 3158 PG; 2407 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 23, Block C, Habitat Village, according to the plat thereof as recorded in Plat Book 37, Pages 48 through $1, inclusive, of the Public records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAii 1k cor Type of Impact Fee A. EMS Impact Fee(i4(c B. Correctional FaciC. Library impact F D. Parks Impact FeeE. Educational Faci F. Road Impact Fee G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES Owed ,19 h Impact Fee .00 $2,690.00 $2,840.00 $11,612.98 PoWFo AAgreemauYAfMsg0off.. Deferral Ag=mcnt (081602 1012) 7 BOUNDARY SURVEY 12]DRAINAGE EASEMENT i I IAT 24 BLOCK "C" i 1 10' P PLIC UTILITY EASEMENT =STING 2' WIDE CONCRETE %VALLEY GUTTER 0 306.60' — TRACT "D-2" (DRAINAGE) 3.63'32" E 6E LOT 23 BLOCK "C" *** OR: 3158 PG: 2408 *** F LOT 22 DO BLOCK "C" in 0 b 0 _ _ 123,47"# — a i* 08'63'32" W 428.03' SEISTING 20' VIDE ASPHALT PAVEMENT FULLERLANE RIGIiT-OF-WAY .E., D.E. AND C. :) p M � C.0 . MAW RIYIr rm. none rrrlmo un ne �1OYIIfM . v 7Yn o Nim • rAlrou. m wm vwr" um GA . omar, moosUL WN" . rntroll os Cl VA.. YAM ro+ o U el = "po mm on U a Aei Gig . . mrae elm SCALE: 1" 30' �� 6IISTING UNLESS OTHERWISE NOTED DN ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1020 0606 0 INDICATES THAT THE PROPERTY IS IN ZONE "AE", ELEVATION 7.0 ONLY EASEMENTS ON RBCORD6D PLAT OR TH09E FURNISHES SURVEYOR ARE SHOWN HEREON LEGAL DESCRIPTION: THE 23, BLOCK OR COLLIER CBITAT OUNTY, SUBDIVISION 9IO�D PARCELED IN PLAT BOOK 37, CONTAINING4040.01 S14VACE 48 ARS FEETHORU0-1161 OF ACRES MORE OR LESS. I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC, CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED, MU FROM ENCUMBRANCES OR CONSTRUCTION BET IS BUBIECT TO EASEMENTS. RESTRICTIONS (INCLUDING T IS NOT A CERTIFICATION OF TITIS. ZONING, EASEMENTS, TACK RSETRICTtONS. ABSTRACT NOT REVIEWED. THIS SURVEY INSTRUCTION SETBACKS) AND RE06RVATIONS OF RECORD. �. CLRITPIGT6 OF Ai1TN0mTATLON No. U1 am W71R D.CN. t�"DOR W.M. NOT VAUy-U R$6! !]1801760 w" am seri.Tr t000OtK Do C. - Iaim m P.S.I. /0270 an. NOVW8M1 a, rro4 roe , 7rAlA ; t' - DO' an a >ma WMIe: NYLTWfBC Im1 eYX Propend M: PAU*k G. wNte Au't. Collier County Att'y. 3301 Tendow Tall Bort N*p10141%34112 File# OW44F 3082868 OR; 3158 PG; 2393 RICOIDID in OIIICIAL WORDS Of COWIN COUNTY, IL 1112112002 at 10:11AN DNIGNT 1, BROCK, WIN NIC Ol 31.50 Alta: IINANCIAL ADMIN i HOUSING INTIIOIIICI AM: LAURI HARD(403-2338( � Tib alae for rnordlud AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the De ��1�Q046�gfr pact Fees is entered into this k.3 day of 2002 by teen n Collier 661 litical subdivision of the State of Florida, through its the B f q�yAy -Com mis.Fjo ers, rei after referred to as "COUNTY," and habitat for Human' y o �� ri y� __Ill aft r referred to as "OWNER," collectively stated as the `� elsK, i" WHEREAS, Collier 'Ordinance No./-Wthe Collier County Consolidated Impact Fee Ordinance, as amend ."by be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3158 PG: 2394 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support roatiniiA able Housing. U, NOW, THEREFO , i Ysifi deration of Ding Recitals, and other good and valuable consideration, th rec peri stTffrcienq- f wht h is hereby mutually acknowledged, the Parties covenant and g 1. RECITALS T foreg i �cj s are true and correct and are incorporated b �vf net herein. ; C7 2. LEGAL DESCR, IOC . The legal descn- i r%�the dwelling unit and its site plan (the "Dwelling Unit" rs ( � `�"A," and is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly iA OR; 3158 PG; 2395 payments to purchase and pay for 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 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 $11,612.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by (?W--1+ k"jjj--no later than the expiration of the TERM, OWNERA housi i Ordi an e r 5. SUBSEQUE which is subjec eq he Unit shall be sol Z\�Jl criteria set forth in the Dwelling Unit, the to comply with the affordable detailed in the Impact Fee SF R1r . If WNER sells the Dwelling Unit impact fee defe to a s uent purchaser, the Dwelling I'll to persons or hi s meeting the deferral qualifying a tt�l+ee �2rdin C��N the case of sale or transfer by gift of TI original-�shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and he a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2396 Hundred Twelve dollars and 98/100 ($11.612.98). 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, parity with any lien 8. RELEASE OF L requirements, i clu the expense of the C1 payment, inclu 15g, 9, BINDING EFFEE Parties to this Agre< not limited to, Agreement person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the assigns 10. RECORDING. This Agreem-enf-shalt-b'e recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager, 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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 I OR; 3158 PG; 2391 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 deferred 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, the�taUNT1f . a bring a civil action to enforce the Agreement. 0 c. In additiq , tri .lienray be foreclo ed, r otherwise enforced by the E the foreclosure of a be entitled to recover all fees and cosk$;'j icluding attomeys-fges, Olusf gt4rest at the statutory rate for Vj on a calendaF'8 fr,VA-Antil paid. 5 OR; 3158 PG; 2398 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: I STATE • ! v li�tj, P�/ • • The foregoing Agreement was 2002, by Samuel J. Durso, M . ,Df� personally known to me. /1-,� [NOTARIAL Ni STATE OF FLORIDA) OWNER: Habitat for Humanity of ;CollierSamuel Cou Inc o, M. President t before me this R _ day of � IR(or Humanity of Collier County, Inc. He is Acknowledgment , FLORIDA COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this Q1 day of -'(\0\1 o 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL] roved as to fo'� an, le al ffic�lcY:1 / Patrick O. White Assistant County Attorney Signature of Person' g Acknowledgment Lauren J. Beard Denton Baker, Interim Director of Financial Administration & Housing G7 OR: 3158 PG: 2399 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 249 Block C, 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. Type of Impact Fee A. EMS Impact Fee % B. Correctional Fa- ie: C. Library Impact F D. Parks Impact Fee: C E. Educational F. Road Impact Fee G. Water impact Fee EXHIBIT "B" IMPACT FEE BREAKDOWN stem impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES yl, P0WFwns&AgreemenulAflHsgW10D% Ikfe"d Agreement (081602 1012) 7 (Owed $2,690.00 $2,840.00 $11,612.98 BOUNDARY SURVEY *** OR; 3158 PG; 2400 *** 12' DRAINAGE EASEMENT -- ----------1 I I LOT 25 BLOCK "C" I I I --------- 10, PUBLIC UTILITY EASEMENT TRACT "D-2" (DRAINAGE) )•53'32" E 6E r--------- 1I I , LOT 24 � I BLOCK "C" II of nl --- ------- I LOT 23 N BLOCK "C" is 0 0 Tn— Bg8'MNG 5' CONCRETE SIDEWALK -N 89'53'32" W f3TS.UU-it� MUSTING 2' WIDE CONCRETE 91 VALLEY GUTTER �BGVCI'iF �WiUXEXISTIING — 123.47'—__ EO' WIDE ASPHALT PAVEMENT FULLER LAN!�C` CD E."R C.o�.j GHT—�r —nnx C COD .Q tux: arum unvrr�"iw"m • u.�u +.v+r. u . rAVIAre skmaR RM Aarx . mom owwm mmwu WRM aF. • annv. �� m m°. t Raaso; U % i.'Aa.: vuiFr rRumfly �"" ie ur.rN n u rrr re ca"uO iLro.w . ra ru+ SCALE: t" 30' NOTES: knnRe - f2LR8 FULLER LANE VERTICAL DATUM, 1929 IS IN ZONE "AE", ELEVATION 7.0 SHALL LHOAL DESCRIPTION: TTHHE PUBLIC RECORDS F HABITAT COUNTY, SUBDIVISION SAID PARCELED IN PLAT BOOK CONTAINING4949 Dl SQUARE FELT OR 0-11 51 OF ACRES MORE OR tEBS. 1 HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION AND THAT THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.027, FLORIDA STATUTES AS PER RULE 51017.0 OF THE FLORIDA ADMINISTRATIVE CODE. C1S4THTCATION IB ONLY FOR THE LANDS AS DESCRIBED, IT IS NOT A CERTIFICATION OF FREEDOM FROM ENCUMBRANCES OR CONSTRUCTION SET BACK RESTRICTIONS. ABSTRACT IS SUBJECT TO EASEMENTS, RESTRICTIONS (INCLUDING CONSTRUCTION SETBACKS) AND I lom= 01. ON F ---w prepfw by: Patrick G. White Aee'1. Collier County Att'y. 3*1 rluntow 9Y.0 Haat Napke, VL 54112 File# 03.071 -IF 3082865 OR; 3158 PG; 2369 1ICORDID in OItICIAL RICORDS Of COWIR COUM, IL 11/21/2001 at 10:17AM DWIGHT 1, BROCI, CLIRI RBC III 31.50 Neta: 1IIAICIAL ADMIN i HOUSING INT11011ICI AM: LAU111 BIARD(403-2318) rue epre for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the De .a .(Lq�; 2002 by ween Collier Florida, through its the So q>� ommis: 's.f and Habitat for Hu ty f collectively stated as the' � WHEREAS, Collier )1Z0lt`EX Ordinance No. Impact Fee Ordinance, as Fees is entered into this 13 day of subdivision of the State of referred to as "COUNTY," referred to as "OWNER," F-4 the Collier County Consolidated may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3158 PG; 2310 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Fes Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of retag � rdable Housing. rJt� NOW, THEREFO , i --� sideration of tR o. oing Recitals, and other good and valuable consideration, the rec ipt sufficient -yr f whi is ereby mutually acknowledged, the Parties covenant and a 1. RECITALS qQ / ore 'nom it s are true and correct and are incorporated by�fe nce herein, 2. LEGAL DESCR The legal descrip i W the dwelling unit and its site plan (the "Dwelling Unit") batt c has t A," and is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR; 3158 PG; 2311 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 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 $11,612.98, as set forth in attached Exhibit "B," incorporated by reference; and C. In return for the COUNTY deferring repayment of 100% of the impact fees owed by 0g1,Ze �ap�tj later than the expiration of the TERM, OWNER It F�fants s to comply with the affordable housiQ ini @ct-fee deferral qualifica on fiteria detailed in the Impact Fee 5. SUBSE UE S Ri If NER sells the Dwelling Unit which is subjec t he impact fee def to a quem purchaser, the Dwelling Unit shall be so • <► to persons or 10 I , meeting the deferral qualifying criteria set forth in the Fce Ordin o�the case of sale or transfer by gift of CA)R the Dwelling Unit, the original—OW R shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2372 Hundred Twelve dollars and 9g/100 ($11.612.98), as set forth in attached Exhibit 11B,11 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, parity with any lie g. RELEASE OF/ requirements, 'Ll the expense o thi payment, inclu �n 9. BINDING E Parties to this Agr but not 10. RECORDING. This Agreement person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such the land and he binding upon the and assigns recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 3158 PG; 2373 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 deferred 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, c. In M may be Mated on a calent 5 bring a civil action to enforce the or otherwise enforced by the including the foreclosure of a be entitled to recover all fees at the statutory rate for until paid. OR: 3158 PG: 2314 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. STATE OF710(tj-l.' ) COUNTY OF C.aIAZ ) The foregoing Agreement 2002, by Samuel J. Durso, M.D, personally known to me. P [NOTARIAL nnan-lc STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: Habitat for Humanity of Collier CounW, Inc. _ M.D., President me this 1-�- day of , Humanity of Collier County, Inc. He is ra � ing Acknowledgment Is lot • u COUNTY MANAGER The foregoing Agreement was acknowledged before me this -.7 L- day of f\ 0'� Q ,ki , 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. (-- [NOTARIAL SEAL] Signature of Person Taitmg Acknowledgment Laur J Beard Com MImIDD1S90M P6 i•' Bxp wom 1by 6 ..... ,wr,clenamftco-ftcommend Approval eg A proved as to form and PP� ffi ' Patrick G. White Denton B er, Interim Director Assistant County Attorney of Financial Administration & Housing 6 OR; 3159 PG: 2375 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 27, Block C, Habitat Village, according to the plat thereof as recorded in Plat Book 37, Pages 48 through 510 inclusive, of the Public records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Cc) .. Type of Impact Fee A. EMS Impact Fee ff B. Correctional Fac liti C. Library Impact ee D. Parks Impact F E. Educational Facili stl C)I F. Road Impact Fee G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES ��.t!Owed .$11 98 4. Impact Feet pOWPw"Agmn1t6131AffHVW 100% WWW ABm r"mt (081602 1012) 7 $2,690.00 $2,840.00 $11,612.98 r 1 BOUNDARY SURVEY *** OR: 3158 PG; 2376 i 1 1 1 1 1. La IAT 28 in BLOCK "C" L' w 1 N 1 ro b � o -----z TRACT "D-2" (DRAINAGE) LOT 27 BLOCK "C" CONCRETE �_.�.......o Fid \ is NOTES: ADDRESS: 12178 FULLER ALL IMPROVEMENTS ARE 3 12' DRAINAGE EASEMENT —— — M Wi, N BLOCK "C" m 0 b 0 In ----------I-- 10' PUBLIC UTILITY EASEMENT _ 107.8E _ n• _ 321.47 _ 4-0�g BB'S3.32" N 429.03' Mfl Nc Do' moe LSPHAI.T PAVkYRNT RIGHT—OF—WAY SCALE: 1" . 30' UNLESS OTHERWISE NOTED BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1228 INDICATES THAT THE PROPERTY IS IN ZONE "AE", ELEVATION 7.0 SHOWN HEREON LEOAL DESCRIPTION: LOT 27, BLACK "C" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PAGE 48 THROUGH 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID PARCEL CONTAINING 4949.01 SQUARE FEET OR 0.11 ACRES MORE OR LESS. 1 HEREBY CERTIFY to HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION AND THAT THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF.1 FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.0E7, FLORIDA STATUTES AS PER RULE GIGT7.E OF THE FLORIDA ADMINISTRATIVE CODE. CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CERTIFICATION OF T,=. ZOMNNG.LISIRMENT.S, FREEDOM FROM E69NCES O(CDO9TRCC0CAAD NOT. JRVEY �9h10 IECT TO LAMENTS, RESTRICTIONS INLUINGCNRUIION9SBACKSR[.FVAOH _ _ -- _ _ _ _ _ __ _.. _ _ _ caammTt O[- Lvnmvxt* No. LB am 0 UYYIIIO Ian: m NLII OL4=qAWDWIV' w, IWw wow�o�� w : L'—aD' wn a 11YD N"wa: LIYLT4f4C jmmffw-W lllm\k Prepued by: PRtrkY G. white Ar't. Coakr Canty Att'y. 3301 Twniunl TMH Rom Naph% FL 31113 File# 03 -05 -IF 3082889 OR; 3158 PG; 2561 IICOADIO in 011LCIAL WORDS Of COLLINR COTM, 11 11121/2002 at 10:17AN OUGHT I. BROCN, CUR RIC PIN 31.50 Retn: 1INANCIAL ADMIN i NOOSING INTI10111C1 AHI: LAORIN BIARDI103-23381 rbu qam Ibr rerar*% AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the De rral;of�1009�y --IND UA. I.Q" , 2002 by try eeenn Collier Florida, through its the Bo (S�unt"y Commis? and Habitat for Human,ry1jiQryny;r collectively stated as the WHEREAS, Collier iinX Ordinance No. Impact Fee Ordinance, as time, hereinafter collectively referred to as Fees is entered into this yj day of subdivision of the State of referred to as "COUNTY," referred to as "OWNER," Collier County Consolidated be further amended from time to Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3158 PG; 2562 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, valuable consideration, the the Parties covenant and 1. RECITALS incorporated by `fb neeherein. 2, LEGAL DESCR The legal (the "Dwelling Unit") at,t herein. Housing, of th ' O%in, Recitals, and other good and 11" whic ereby mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 5. which is OR; 3158 PG; 2563 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the hnpact Fee Ordinance; Owner is a first-time home buyer; The Dwelling Unit is, and will 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 $11.612.98, as set forth in attached Exhibit 'B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by impact fee Unit shall be solii V° ly to persons or criteria set forth in the Dwelling Unit, the later than the expiration of the TERM, to comply with the affordable detailed in the hnpact Fee 7thecase R sells the Dwelling Unit t purchaser, the Dwelling ng the deferral qualifying f sale or transfer by gift of shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six M OR: 3158 FG: 2564 Hundred Twelve dollars and 98/100 ($11.612.98), 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, parity with any lien f 1 8. RELEASE OF H requirements, i clu the expense of the CZ payment, includ'ii"'� 9. BINDING EFFE Parties to this Agmen 10. RECORDING. This not limited to, its Agreement person, excepbthat this lien shall be on of of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the assigns recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT, OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) (lays after mailing of written notice of the violation. 4 OR: 3158 PG: 2565 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 deferred 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, theCQVK-..may bring a civil action to enforce the c. In addity8n, �i6e--lien,may be foreclRsed,\ or otherwise enforced by the COU Y gnal to s 't_i� 1 r uit including the foreclosure of a mort:e)s y �� a sh I be entitled to recover all fees and ncluding attorne fees, pl !rest at the statutory rate for iudame O)o ulated on a calen� y s until paid. 01 5 OR: 3158 PG: 2566 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written, Witnesses: STATE OF U 1 ) COUNTY OF'Cn11f1d) The foregoing Agreement was 2002, by Samuel J. Durso, M.D.,�rd personally known to me. A, 0� (NOTARIAL STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: Habitat for Humanity of Collier Coun Inc. Samuel JoVurso, M.D., President before me this kollier day of Dlli�ilYL �Cn! , ��r Humanity County, Inc. He is FLORIDA t,[aZ1INN The foregoing Agreement was acknowledged before me this Wil_ day of 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. �— [NOTARIAL SEAL) Lauren J. BMAignature of Person Takitr Acknowledgment Commi ft1DD1MM i•, •iBxptrN:Oot24,20116 '%�v� ,' �tlraoBo�dt�stb,.Ya Approved as to form and Rmmend Approval o cy:cy:1 Patrick G. White Denton Baker, Interim Director Assistant County Attorney of Financial Administration & Housing OR: 3158 PG: 2567 EXHIBIT "A" LEGAL. DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 44, 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 T of Impact Fee �j�%�� YI1e A. EMS Impact Fe(i((7 B. Correctional FaC. Library ImpactD. Parks impact FeE. Educational FacF. Road Impact F1t G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES Impact Fee P(1WFamuRAgnem;ntsJADHsgtd10096 DeR I Ag="nt (081602 1012) 7 $2,690.00 $2,840A0 $11,612.98 BOUNDARY SURVEY *** OR: 3158 PG: 2568 EXISTING 5' CONCRETE SIDEWALK FULLER LANE TRACT "R" 60' RIGHT—OF—WAY (A.E., D.E. AND C.U.E.) EXISTING 20' HIDE ASPHALT PAVEMENT 3 89'53'32" E 429.03' — _� 164.03' 276.00' I� � 2 I� EXISTING E' WIDE CONCRETE gi VALLEY CUTTER it 89.53'321 55.0Wlz 10' PUBLIC UTILITY EASEMENT O O ----- --------OD -------- CO-------- ------ m t0 m m LAT 46 LOT 45 m LOT 44 m IAT 43 IAT 42 BLOCK "A" BLOCK "A" BLOCK "A" N BLOCK "A" BLOCK "A" to b b ----- --------- `�+ -------- --------- � 7' DRAINAGE ------ EA9EYENT a 895 iC��,t TRACT D-3 (DRAINAGE) --------------- ---------------- 5' BUFFER EASEMENT r� TRACT B t�A�E BUFes 275.00' N B �1 hw LEGEND yc . v awnoa QQ uraRrM. RWY 11o1s •( �� .,tuparwir a L : aDwn unm weuwr `dY. • coo 11YNOMMAL o b0it ' O611 um W : w reR r� mine u wr nw P..:..� noow�Ra.ow�ruco ..Ra wr NOTED: ADDRESS: 18179 FULLER LANE SCALE: 1" 30' ALL IMPROVEMENTS ARE EXISTING UNLESS OTHERWISE NOTED. THIS SURVEY IS SIGNED AND SEALED TO THE DATE OF FIELD WORK AS SHOWN. ELEVATIONS SHOWN HEREON An BASED ON NA71ONAL GEODETIC VERTICAL DATUM, 1929. FIRM, PANEL No. 120007 0505 D INDICATES THAT THE PROPERTY IS IN ZONE "AE", ELEVATION 7.0. BEARINGS ARE BASED ON THE RECORDED PLAT LISTED BELAY. CONTRACTOR/OWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. ONLY EASEMENT'S ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. LEGAL DESCRIPTION: LAT 44, BLACK "A" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PACES 43 AND 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 3574.00 SQUARE FEET OR 0.03 ACRES YORE OR LESS. 1 HEREBY CERTIFY to., HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS WADE UNDER MY DIRECTION AND THAT THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF, I FURTHER CERTIFY THAT IIS17 BURVZY ITS THE MINIMUM IC L STANDARDS IN SECTION 478.027, FLORIDA STATUTES AS PER RULE 5T .8 THE DA ADMINISTRATIVE DIPCERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED. IT IS MDT A CERTIFICATION OF TITLE, ZONING, EASEMENTS, ENCUMBRANCESS SURVEY uSUBBJEEM CREERMUCIION3 RESEERVATOONS OS MRECORD- W To (INLCLUDING CONSTRUCTIONSETBACKS) AND WA SNOT' VK� WIOF miyHowulm N SEto A. Mw mr- tMRm� UNLM lM WD M96NLY NQINEERINCi a olaw1, P.D.M. A5M A MUM INC. ► Mn ,.R .s .�.., --- [NONIITIOwQ RTA 'k lAl10 9URVEYAW NI_OOOFAWKMCAFC ARCIN�iLC�1/URE OWf I' " 00' YR Of Ohm �0" OMw10: NVLTMY —;�'t AM—w 7110R4 WYM RY OOOC IOOf/IOI Pmpnd by: PstrkkG. White Aw'L Colin Cov* Aa't. 3391 TSWWW TMH Brr Pkpk% PL 34111 Flieli 03 -W7 -IF 3082881 OR: 3158 PG: 2545 RICOROID in OIIICIAL WORDS of COWIN COUM, IL 1112112002 it 10:I7AR DVIGV I. IROCI, CIRRI RRC 111 37.50 tete: IINANCIR ADNIN i ROUSING IPIROIIICI IM: LAURIN IIARD1403.2331i Tek spam for recordft AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the "_Ob f j act Fees is entered into this a day of 1.e� k.A, , 2002 by d ween Collier "ou' litical subdivision of the State of Florida, through its the Bo Cuta n-Cry0"3 ttissi ers, hd in er referred to as "COUNTY," and Habitat for Humani y o r % �n ., t aft r referred to as "OWNER," collectively stated as the " s I� JI RECITA WHEREAS, Collier ui t Ordinance 21 the Collier County Consolidated Impact Fee Ordinance, as amenddee 1 i may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3158 PG: 2546 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support NOW,THERE FO valuable consideration, the iptj the Parties covenant and aree I. RECITALS I incorporated by nc 2. LEGAL DESCR (the "Dwelling Unit") i herein. Housing, of tl%Wh ' oing Recitals, and other good and :3 is ereby mutually acknowledged, are true and correct and are herein. � The legal desorip n(o the dwelling unit and its site plan at,ast (ilbi 't A," and is incorporated by reference 3. TERM, The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 3 5. which is OR; 3158 PG: 2547 payments to purchase and pay for 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 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 $11,612.98, as set forth in attached Exhibit "B," incorporated by reference; and in return for the COUNTY deferring repayment of 100% of the impact fees owed by impact fee Unit shall be sol4,e,6dly to persons or criteria set forth in the Dwelling Unit, the later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee sells the Dwelling Unit a �u't quent purchaser, the Dwelling meeting the deferral qualifying the case of sale or transfer by gift of shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR: 3158 PG: 2548 Hundred Twelve dollars and 98/100 ($11,612,98), 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, mort"ag parity with any lien for) tb!�iaz 8. RELEASE OF c( Upon 1_, requirements, in lu 'ng %nt,r the expense of he q r payment, lnclud)ttt, but ilbt tlmltc�d ro; 9. BINDING EFFE is Agreement Parties to this Agree qnl,, heir heirs, s or other person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the assigns 10. RECORDING, This Agtedtd#Vh sW)WrisSorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager, 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 3158 PG: 2549 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 deferred 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, thOWVX:�may bring a civil action to enforce the c. In otherwise enforced by the the foreclosure of a be entitled to recover all fees and eost1�ipcluding attorneys'Tffes, I IuXj� ''rest at the statutory rate for L ated on a calendar2lay�a until paid. e1�5� 5 OR: 3158 PG; 2550 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: STATE OF ) COUNTY OF ) The foregoing Agreement 2002, by Samuel J. Durso, M.D., personally known to me, r" [NOTARIAL J. STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: Habitat for Humanity of Collier Count r�e Samuel 1, rso, M.D., President me this � day of � Humanity of Collier County, Inc. He is Acknowledgment , FLORIDA COUNTY The foregoing Agreement was acknowledged before me this ,QL_ day of i\o%t-2Yh L. , 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. w �_ [NOTARIAL SEAL] CumaUM J. Bead ut Signature of Person ng Acknowledgment •` •: Ezpir*:Oct24, 2006 Adr& Boa 1 Co, tea Approved as to form and al suffi i nc m44, Patrick O. White Assistant County Attorney Reilommend Anproval Denton Baker, Interim Director of Financial Administration & Housing 6 OR: 3158 PG: 2551 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 46, 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. Type of Impact Fee Q' A. EMS Impact Fee b B. Correctional Fac' itie C. Library Impact D. Parks Impact Fee E. Educational Facilitr5.ti 0Y F. Road Impact Fee G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES EXHIBIT "B" Impact Fee POWForms&Ag,eemeats/ARHsgol100% Defeml Agrtem t(08(6021012) 7 Ower) , $2,690.00 $2,840.00 $11,612.98 BOUNDARY SURVEY*** OR; 3158 PG; 2552 t \ CfE -CURVE DATA 1 \ \ CURVE RADIUS DELTA LENGTH CHORD BEARING 1 cl 86.00' Or24'46" 11.00' 10.99' S86'il'09"E \ EXISTING 6' CONCRETE SIDEWALK \FULLER LANE TRACT "R" 60' RIGHT—OF—WAY ��(A.E., D.E. AND C,U,E.) \ S 89'53'32" E 429.03' , \— — ' i^ 44.05' �. i NG 20' WIDE ASPHALT PAVEMENT EXISTING E' WIDE CONCRETE LOT48 $ VALLEY GUTTER BLOCK "A" Cl SB9.53'32"E �' .� 44.03' OR lo' PUBLIC UTILITYT --- n to � m n RO K4 BIA" sW LOT 46 IAT 45 LOT 44 .�. BLOCK "A" BLOCK "A" BLOCK "A" m lo'IL 0 M b OquNAGd — — — — — — — ------ In 7' DRAINAGE EASEMENT ggq .LL�r7�r; TRACT D-3 (DRAINAGE) _-------------- --------8 BUFFER EASEMENT TRACT 106. Hpor -9UF1'E) 1 986.00' /Nr9188' LEGEND HT1, AIC ... oYY6YY. Yacnru YY111 x1111 � �l u . Al{fC rYAvt l"OYuuYYY YutY11 C GUA • 101N1Y til11llt NlCmlt u . YYlIY011 tAlOYlrt IY� NIMYfI �t MV.L . ON0A 0010A MUM ON 000C111N:�11.11CLL Grill u ___"`��� F� YL - UHM lumm o .. ; .G+ee,111111 eui IA • CAIYR 01111 UA.. 0R w 11YY w RNYm u M111 •111aAY� w11 PAL n�rY� �rrYOrt� � eAY . 1101M YYOt NOTES: ADDRESS: 12171 FULLER LANE SCALE: 1" - 30' ALL IMPROVEMENTS ARE EXISTING UNLESS OTHERWISE NOTED. THIS SURVEY 18 SIGNED AND SEALED TO THE DATE OF FIELD WORK AS SHOWN. ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1929. FIRM, PANEL No. 120067 0606 D INDICATES THAT THE PROPERTY IS IN ZONE "AE', ELEVATION 7.0. BEARINGS ARE BASED ON THE RECORDED PLAT LISTED BELOW. MNMu�OERSI�VERIFY aTONSETBACK RESTRICTIONS. w oY�Ar sNOSit FISSURVEYOR SHOWN HEREON. OFITAT VILLAGE, A COWERCOUNTY, SUBDIVISION SAID PARRCELL CONTAININGRDED IN PLAT 4271.64 SQK 37b UARE FEET R 0.10 GES 48 AND 49 F ACRES MORE OR LESS, I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COLDER COUNTY, INC. IED PROPERTY WAS MADE UNDER MY DIRECTION AND THAT IF MY KNOWLEDGE AND BELIEF. 1 FURTHER CERTIFY THAT I IN SECTION 472.027, FLORIDA STATUTES AS PER RULE T 13 NOT A CERTIFICATION OF TIT1E, ZONING, EASEMENTS, NBTRUON BLSIBBTRIC IONS.CKSABSTRACAND KNOT REVVIIEWEONS . BIS SURVEY ceRrincAtt or, AUT"O16:ATION N> LY 6782 mft D.C.P. oAam Y.Y. NOV VAUD UNLESS EY80SSE0 Y11N SEAL >aMIM Davikk `//j1o1m6N, P.S.M. /6279 G61 , OC10111111 N. 11006 It e? "I'dee LLL: Pretored by: Patrick G. White Au'L Caakr County Att'y. 3301 Tonk nif Trill Ent Napbr, [+1.34'113 File# 03.038dF 3082886 OR; 3158 PG; 2537 RICORDID in 0MCIAL RICOIDS of COLLIII COUM, IL 11/11/2002 et 10:11AN DNIGRT 1. BROCI, CU11 Ile 111 31.50 Iota: lINANCIAL ADNIN i NOOSING INTIIOIIIc1 . AM; LADIIN 11110040,1-2]311 Tbh spm for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the De.OR9[s 2002 by ween Collier Florida, through its the Bo t�1p t Ctommisi and Habitat for Human' y0ur collectively stated as the' Qt�� WHEREAS, Collier (S!duply�Ordinance No. Impact Fee Ordinance, as Fees is entered into this ;L3 day of subdivision of the State of referred to as "COUNTY," referred to as "OWNER," the Collier County Consolidated may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3158 PG: 2538 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support NOW, THEREFO , valuable consideration, the rec ipf the Parties covenant and a e 1. RECITALS 1 incorporated b nc 2, LEGAL DESCRP (the "Dwelling Unit") i herein. Housing. of tli oing Recitals, and other good and 3 whi is hereby mutually acknowledged, are true and correct and are herein. �� The legal descri i ti�J the dwelling unit and its site plan and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (1.5) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly OA OR; 3158 PG; 2539 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 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 $11.612.98, as set forth in attached Exhibit "B," incorporated by reference; and e. In return for the COUNTY deferring repayment of 1009< of the impact feof the TERM, OWNE fttti ttr co rev ant- s 'a» s to comply with the affordable housitnCJFfee eferral gltali6ca 'on fiteria detailed in the Impact Fee S. SUBSEQUE S lJ—/� If NER sells the Dwelling Unit which is subje q he impact fee def6t a uent purchaser, the Dwelling Unit shall be so to persons or10, meeting the deferral qualifying criteria set forth in the apea-Ordi� the case of sale or transfer by gift of the Dwelling Unit, the original"O R shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2540 Hundred Twelve dollars and 98/100 ($1161298). 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, I parity with any lien 8. RELEASE OF requirements, i clu the expense of t�e1 payment, inclu irs 9. BINDING EFFE w Parties to this Agrei person, except that this lien shalt be on of this Agreement's fees, the COUNTY shall, at evidencing such not limited to, a Agreement shall"Ird i the land and be binding upon the }leteits� 5 fis, and assigns 10. RECORDING. This Agreement ihaill be recorded by COUNTY at the expense of COUN'T'Y in the Official Records of Collier County, Florida, within sixty (60) days Mer 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 (IS) days after mailing of written notice of the violation. 4 OR; 3158 PG; 2541 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 deferred 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, the_—CPV")� may bring a civil action to enforce the Agreement. c. In addition, tfiq--lien--may be foreclosed,\or otherwise enforced by the , the foreclosure of a be entitled to recover all fees and cos'(k.Acluding attomeysl"s, �lu�h'qtbrest at the statutory rate for on a calendiii2launtil paid. 5 OR; 3156 PG; 2542 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: STATE OF ) COUNTY OF ) The foregoing Agreement 2002, by Samuel J. Durso, M.D. personally known to me. [NOTARIAL Q 90 STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: Habitat for Humanity of Collier County, Inc. Samuel J urso, M.D., President me this ! � — day A"M, lumanity of Collier County, Inc. He is COUNTY The foregoing Agreement was acknowledged before me this �) k_ day of -jju ,�.��, 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL) Signatureof Person ng Acknowledgment Lauren J. Beard EXPiODD ra Oct24,S9014 2006 Approved as to for ° Atlnticead �Cu_ suffi ' ncy: Patrick O. hite Assistant County Attorney R ommend Approval Denton Baker, Interim Director of Financial Administration & Housing 0 OR; 3158 PG; 2543 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 47, 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" IMPACT�k EBREAKDOWN Type of Impact Fee � "^� we A. EMS Impact Fee �—, $93 B. Correctional Facilities dot Hea C. Library Impact F 0 V F D. Parks Impact Fee; $1 19 E. Educational Facilitiey tOgm Impact Fee f7 F. Road Impact Fee ---y— c�985•W d. Water Impact Fee $2,690.00 H. Sewer impact Fee $2,840.00 TOTAL IMPACT FEES $11,612.98 pdWpon=&Agtee tdAONegW100% oekrnl Agteen t(0616021012) GI ( TRACT D-3 (DRAINAGE) L -------_— OUT "m w BOUNDARY SURVEY*** OR; 3158 PG; 2544 *** FULLER LANE TRACT "R" k\\ \�80' RIGHT-OF-WAY \ (A.E., D.E. AND C.U.E.) S 89.53'32" E 4MOT EXISTING 20' NIDE ASPHALT PAVEMENT VALISY CUTTER EASEMENT °— TRACT D-3 (DRNNA06) (LANDSCAPE BUFFER) 80'54'67" 77.67' 71.36' S4P26'G4"E SCALE: 1" = 30' ALL IMPROVEMENTS ARE RUSTING UNLESS OTHERWISE NOTED, THIS SURVEY IB SIGNED AND SEALED TO THE DATE OF FIELD WORK AS SHOWN. ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1929. EAHIN A ARE BASED 7 0605 THE D INDICADTES THATAT THETED H6EAW� IS IN ZONE "AE", ELEVATION 7.0. CONTNACTOR/OWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. ONLY EASEMENTS ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. LEGAL DESCRIPTIONt BOOK 37, PAGES 48 LOT 47, THE PUBLIBLOCK RECORDS OFCOUAER COUNTY, SUBDIVISION SAID PARCELRECORDED CONTAININGT 4566.88 SQUARE FEETAOR 0.10 F ACRES MORE OR LESS. I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CERTIFICATION OF Tntr, ZONING, EASEMENTS, FREEDOM FROM ENCUMBRANCES OR CONSTRUCTION SET BACK RESTRICTIONS, AB,9TRACF NOT RKYIEMED. THIS SURVEY IS SUBJECT TO EASEMENTS. REDTNCTJONS (INCLUDING CONSTRUCTION SETBACKS) AND RESUVATIONS OF RECORD. CUUNICATC OF AUTHORIZATION NO. LB 5762 UnANLV ENCIINEERING MAR D.0 N, aC F-7 NOT V"ol EY6055E0# SEK David -Ch P.S.Y. /6878 ,, aC'f0w 1• . 60' wn t4epered bye Paukk G. white An't. Colder Count) AB'y. 33 1 lu"Mal TIRE xw Naplr,r0.31117 FM 03M9 -IF 3082885 OR; 3158 PG; 2529 11COADID in O2IICIAL HCOADS of COLLAR COMM, IL 11/21/2002 It 10:17AN DWIGHT 1. BIOC1, CL111 AIC III 37.51 Netn: TIHANCIAL ADMIN i HOUSING I1111011ICI AM: LAUIIN BIA01403.23381 This space for romffine AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defe � OQy act Fees is entered into this 1-3 day of k,, , 2002 by d tureen Collier Co� a lidcal subdivision of the State of Florida, through its the Bo o mmfssio ers in er referred to as "COUNTY," and Habitat for Humaniy aft r referred to as "OWNER," collectively stated as the " a>yt E WHEREAS, Collier i5$ug1yOrdinance No. 2g0j,)�j/the Collier County Consolidated Impact Fee Ordinance, as amender t afmay be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3158 PG; 2530 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral. Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in supportof-C a ile Housing. ) NOW, THEREFO ,(i� onsideration of t X96 ing Recitals, and other good and valuable consideration An f whirl is ereby mutually acknowledged, th rec ip d � the Parties covenant and o Cv 1, RECITALS Gm re _'n bei s are true and correct and are incorporated by rice herein, r� 2. LEGAL DESCR I The legal descripttb the dwelling unit and its site plan (the "Dwelling Unit") is, 4�t q d(n J i "A," and is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 5, SUBSE( which is OR; 3158 PG; 2531 payments to purchase and pay for 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 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 $11,612.98 as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by impact fee Unit shall be solCAhly to persons or criteria set forth in the Dwelling Unit, the later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee J( If O' ER sells the Dwelling Unit a s quent purchaser, the Dwelling h. meeting the deferral qualifying the case of sale or transfer by gift of shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred impact fees shalt be immediately repaid to the COUNTY. 7, LIEN, Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR: 3158 PG: 2532 Hundred Twelve dollars and 98/100 ($11,612.98). 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, t parity with any lien// 8. RELEASE OF I. requirements, i clu, the expense ofhhee payment, includ 9. BINDING EFFE Parties to this Aures person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such not limited to, Agreement shall lu i 'fhe land and be binding upon the g�rheirs,_su�and _esgassigns 10. RECORDING. This AgreemenT-shall`be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 3158 PG; 2533 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 tette; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees deferred 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, the CO(jn,,)` ;mAy bring a civil action to enforce the Agreement. c. In additio6, th"ien—may be foreclo*, Vr otherwise enforced by the E the foreclosure of a be entitled to recover all fees and cosl\,�'jhcluding attorneys' *es, Olus/ib(tgrest at the statutory rate for on a calendairaay b'gsji/6ntil paid. 5 OR; 3158 PG; 2534 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: STATE OF110fik COUNTY OF The foregoing Agreement 2002, by Samuel J. Durso, M.D. personally known to me. [NOTARIAL SEA ."2,V9rae juiiztte J ;r;� . :.Co:.1L7Ist4Cu� 1i STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: Habitat for Humanity of Collier County c. Samuel . urso, M.D., President me this ) � day of Humanity of Collier County, Inc. He is , FLORIDA COUNTY The foregoing Agreement was acknowledged before me this 2 day of 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. � �2 . [NOTARIAL SEAL] ty� Latuen J. Bear$ignature of Person' ng Acknowledgment :Comminim#DDl59M •E Exp1m:Oct 21, 2006 4�10 ca►a Approved as to form and um Assistant County Attorney Rec mmend Approval I 4� Denton Baker, Interim Director of Financial Administration & Housing OR; 3158 PG; 2535 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 48, 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" IMPACT Type of Impact Fee 0 A. EMS Impact Fee 7 B. Correctional Facil tt I m C. Library Impact F t D. t Parks Impact Fee:��" E. Educational Facilities tg F. Road Impact Fee G. Water impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES co Impact Fee S � 0 '``-______ $2,690.00 $2,840.00 $11,612.98 P0WFMk&&A9teenM131Af H*V100% Deknid ABKmnent (081602 1012) d BOUNDARY SURVEY** OR; 3158 PG; 2536 FULLER LANE TRACT "R" 60' RIGHT-OF-WAY (A.E., D.E. AND C.U.E) EXISTING 20' WIDE ASPHALT PAVEMENT 1 II EXISTING 2' HIDE CO CRETE 1 VALLEY GUTTER 1 1 1 1 10' PUBLIC UTILITY c 1 EASEMENT ' 1 IAT 49 � 1 11 BLOCK °A" \ C� Y �1 tit \ r �1 Q 111111 �,•��� \\\\ ��p4j6 �bo�. IDT 48 by BLOCK "A" - -- LOT 47 Q BLOCK "A" >>� p� Acs)) --------- 1 1A . .... " w M' mai /m m u amt - (LANDSCAPE BUFFER) iup. PAM . aomrAar AnenK+ mz r . rar. • rsulaNr oa"an roo" •'°"""'"" y . tlumMW IIaA j B'S9'i@° 194.N Blr53'32" W 4 mg � „„,.,, �.� F!E GIR�i UNPLATTED :'nn.AT Cxx—CURVE DATA CURVE RADIUS DELTA LENGTH CHORD BEARING CI 88,00' 27'13'08" 40.38' 40.00' S41'39'09"E ,non �ml� y4 C2 88.00' 80'84'87" 77.07' 71.38' S41r26'G4-E NOTES: 12163 FULLER LANE NEMENTS ARE EXISTING UNLESS OTHERWISE NOTED. 'BY 18 SIGNED AND SEALED TO THE DATE OF FIELD WORK AS SHOWN, S SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1929. EL No. 120067 0008 D INDICATES THAT THE PROPERTY IS IN ZONE "AE", ELEVATION 7.0. ARE BASED ON THE RECORDED PLAT LISTED BELOW. )R/OWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. SCALE: I" - 30' SMENTS ON RECORDED PIAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. LEGAL DESCRIPTION: LOT 46, BLOCK "A" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PAGES 48 AND 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 4891.00 SQUARE FEET OR 0.11 ACRES MORE OR LESS, 1 HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION AND THAT THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SS6 URVEY THE FIAT THE DA MININIS'Pf IMUM TECHNIATIVECAL STANDARDS IN SECTION 472,027, FLORIDA STATUTES AS PER RULE CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS, FREEDOM PROM ENCUMBRANCES OR CONSTRUCTION SET BACK RESTRICTIONS. ABSTRACT NOT REVIEWED. THIS SURVEY IS SUBJECT TO EASEMENTS, RESTRICTIONS (INCLUDING CONSTRUCTION SETBACKS) AND RESERVATIONS OF RECORD, rmuar. loaooa wa : acroe4LL n, rooe m -ami No. L9 em KITH SEAL /6279 Prepared byt P&W& Q. Wbtte AWL CoYkr Coanty AWy. 3"t Tadad Hall Bea Nopkk FL 31112 Flleli 03.060 -IF 3082884 OR; 3158 PG; 2521 RICOIDBD in OFFICIAL RICORDS of COLLIII COUM, IL 11/21/2002 at 10:17a DNIORt 1, BIOCI, Cu" RIC M 31.50 Attn: FINANCIAL ADMIN i HDS114 IMROFFICI AM: UU1111 BIARD(IOI.2338) Tbk spa ror recoedb* AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defpn; : if P""An act Fees is entered into this day of 2002 by een Collier Coulitical subdivision of the State of Florida, through its the Bo opgty Cbmmissip ers, he in er referred to as "COUNTY," i/ and Habitat for Humanit o a e referred to as "OWNER," collectively stated as the " +dtj i" WHEREAS, Collier r5t�t Ordinance No. 201,1'12 Collier County Consolidated Impact Fee Ordinance, as amend y d/Cris t�ay be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3158 PG; 2522 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, valuable consideration, the the Parties covenant and a¢i L RECITALS incorporated by cc herein. 2. LEGAL DESCR The legal (the "Dwelling Unit") i. it y herein. Housing. of the%hic �ing Recitals, and other good and y is\tt�reby mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 5. SUBSE( which is OR: 3158 PG: 2523 payments to purchase and pay for 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 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 $11,612.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by impact fee Unit shall be sol4eprlly to persons or criteria set forth in the Dwelling Unit, the later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee sells the Dwelling Unit a , p quent purchaser, the Dwelling meeting the deferral qualifying the case of sale or transfer by gift of shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six M OR; 3158 PG; 2524 Hundred Twelve dollars and 98/100 ($11,612.98). -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'To�r�g e er person, except that this lien shall be on parity with any lien itttfy taxes. 8. RELEASE OF L --Uppn satin actory co pletion of this Agreement's -- -mow requirements, i clu in o e r pa t fees, the COUNTY shall, at the expense o the U y ns t d umentation evidencing such payment, inclu but not limited to, aJ le o �Iyt 9. BINDING EFFE is Agreement shdll Vit the land and be binding upon the Parties to this Agreem0t tl e -heirs,'- �and assigns 10. RECORDING. This Agreemeni"sK be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 3158 PG: 2525 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 deferred 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 07y bring a civil action to enforce the Agreement. ��� c. In additVn,'Ae—lien�may be forecfbb ed\or otherwise enforced by the o^ su'�in�a �ity\including the foreclosure of a al m v. t_O Y sh l be entitled to recover all fees and co is ncluding attorney: eesplufi Brest at the statutory rate for iudgment ,; plated on a calm , i until paid. OR: 3158 PG: 2526 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: STATE OF: (t COUNTY OF _ The foregoing Agreement 2002, by Samuel J. Durso, M.D. personally known to me. /11 [NOTARIAL OWNER: Habitat for Humanity of Collier Court c. Samuel J. o, M.D., President me this 13L— day of lumanity of Collier County, Inc. He is FLORIDA COUNTY STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this 'JA day of Y\oj s „,bg _ , 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. (NOTARIAL SEALI , „,...,, Lauren J. Beard e; CommissionIDD159M =�:.n:• Explrm:Oct 24,20% Approved as to form and %ai Patrick O. White Assistant County Attorney �.-� Signature of Person ng Acknowledgment Rmmend Ap val Denton Baker, Interim Director of Financial Administration & Housing 51 OR; 3158 PG; 2521 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 49, Block A, Habitat Village, according to the plat thereof as recorded in Plat Book 37, Pages 48 through 31, inclusive, of the Public records of Collier County, Florida. EXHIBIT'S" IMPACT Type of Impact Fee A. EMS Impact Fee B. Correctional Facili es m C. Library Impact F D. Parks Impact Fee: t� E. Educational Facilitie 1' F. Road Impact Fee G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES tgm Impact Fee ' 0��� fE C IVI $2,840.00 $11,612.98 POWFams&Agme WARHsgN100% Dekml Agreement (081602 1012) 7 BOUNDARY SURVEY 72 1 LOT 50 BLOCK "A" 1, LOT 49 `\ BLOCK "A" \ 1\ 0b � \0111 \ ,' lf� \\ � 0 LOT 48 BLOCK "A" � lG' PUBLIC UTI \� itRvF. n 1AU VE --RADT 1 Cl e p TRACT D I.. (DRAINAGE) IIi'Y EASEMENT — — LOT 47 BLOCK -A- 2029, 28.16' 318.30.38,E 77.67' 71.38' 34W26'G4 E u .eanrtu Num Nei+ 1\�-✓�''--+- i _,________ rw . 111111n MOIIOIIt MMq T4�T' u •�LLn O rrr WIA rR411110N p u� . nta ris "d • � � �^ S 89'69'18" E 94.70' .la.11 NNrIN uXa1 MNN DTE9: ADDRESS: 12169 PULLER LANE ALL IMPROVEMENTS ARE EXISTING UNLESS OTHERWISE NOTED, THIS SURVEY 18 SIGNED AND SEALED TO THE DATE OF FIELD WORK AS SHOWN. ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1929. FIRM, PANEL No. 120007 0600 D INDICATES THAT THE PROPERTY I3 IN ZONE "AE", ELEVATION 7.0. BEARINGS ARE BASED ON THE RECORDED PIAT LISTED BELOW. SCALE: I" = 30' LEGAL DESCRIPTION: IAT 49, BLACK "A" OF HABITAT VILLAGE, A SUBDIVISION A3 RECORDED IN PLAT BOOK 37, PAGES 40 AND 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 4604.48 SQUARE FELT OR 0.11 ACRES MORE OR LESS. I HEREBY CERTIFY to: OR; 3158 PG; 2528 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION AND THAT THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF.I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.027, FLORIDA STATUTES AS PER RULE 61017.8 OF THE FLORIDA ADMINISTRATIVE CODE. CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED, IT IS NOT A CERTIFICATION OF TITLE. ZONING. RASRMRNTS &TION No. L8 6764 =0 MTH SEK P.S.M. #6279 OCTOM6 M, t l.•3. b: MDMA Prepared by; Patrick G. While Ae't. Collier County Att'y. 3301 Twn" Trill rAM Nepta, FL 34112 Fild 03-070•IF 3082864 OR: 3158 PG: 2361 RICORDID in OFFICIAL WORDS of COLLIII COUNT►, R 11/21/2002 at 10:11AN DWIGHT R. DRUM CL111 RIC 111 31,50 Nato: tINANCIAL WIN i MOUSING INT11011I3 A?711: LAURIN 81AND)t03.2338) 116 xpm for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Def gf 0(Ck -,f\ , 2002 by d/&ee�ier Florida, through its the Bo o Commis and Habitat for Humani o iirillierlEdllaei collectively stated as the WHEREAS, Collier VoiiityOrdinance No. Impact Fee Ordinance, as time, hereinafter collectively referred to as Fees is entered into this %3 day of lS/ subdivision of the State of referred to as "COUNTY," referred to as "OWNER," Collier County Consolidated be further amended from time to Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and 1 OR; 3158 PG; 2362 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support NOW, THEREFORE valuable consideration, the ce' the Parties covenant and a tee f 1. RECITALS 9 ( 1 incorporated by nc 2. LEGAL DESCR (the "Dwelling Unit") 'i herein. Housing. of t " o*piing Recitals, and other good and )r whit is hereby mutually acknowledged, are true and correct and are herein. The legal deschpf of (of he dwelling unit and its site plan and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR; 3158 PG; 2363 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 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 $11,612.98, as set forth in attached Exhibit "B," incorporated by reference; and e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by OW R u ti o later than the expiration of the TERM, 0 cot/ OWNER rt e venants s to comply with the at%rdable housin im e.de�ferral qualifrca ' n c 'teria detailed in the Impact Fee di—Ge, Ordi anc dy ' thy: d sft i Agree en . 5. SU13SEQUE T S R;;f fW ER sells the Dwelling Unit which is subject td impact fcel defe to s uent purchaser, the Dwelling Unit shall be sol to persons or h d eeting the deferral qualifying criteria set forth in the neje O�rdi�nq�`Lj the case of sale or transfer by gift of the Dwelling Unit, the ort'gishall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and he a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2364 Hundred Twelve dollars .gid 98/100 ($11,612.981, 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, parity with any lien 8. RELEASE OF requirements, i lu, the expense of e ii payment, includ 9, BINDING EFFE Parties to this Am not limited to, lis Agreement person, except that this lien shall be on of of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the assigns 10. RECORDING. This Agreemeni"shidt ire recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 1). 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; 3158 PG; 2365 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 deferred 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, the COUNT Y_nQaay bring a civil action to enforce the Agreement. c. In additi96, t 6, Iien._.Tay be foreclo� ,'�r otherwise enforced by the the foreclosure of a entitled to recover all fees and cos"cluding attorneys s, Alus1if est at the statutory rate for ;t on a calendaruday mil paid. 5 OR: 3158 PG: 2366 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: Print4iiame&li2.Abe4W 0L bLIM0• nt A 0 pp STATE OF�'N�t7� ) COUNTY OF _tsD The foregoing Agreement 2002, by Samuel J. Durso, M.Dy personally known to me. - ttm STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: Habitat for Humanity of Collier Co ty, Inc. m Samuel Urso, M.D., President me this 13 day of OVQ Humanity of Collier County, Inc. He is Acknowledgment , FLORIDA COUNTY MANAGER The foregoing Agreement was acknowledged before me this Qk day, of—tV:w a, \ZLt. , 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. r �1 (NOTARIAL SEAL) Signature of Person T ng Acknowledgment , ;, Lauren J Beard commlubn IDDIS90l4 Explra: Oct 24, 2006 Approved as vim to to form and °�^ �•�R ommend proval V — Patrick O. White Denton Baker, hiterim Director Assistant County Attorney of Financial Administration & Housing OR: 3158 PG: 2367 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 289 Block Co 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" IMPACT FE Type of Impact Fee cl %' V" " Impact Fee $2,690.00 $2,840.00 $11,612.98 14WFMMAgrxnxmts1AOH%g1V10D%[khval Agreement (081(02 1012) 7 G A. EMS Impact Fee B. Correctionai Faci tie Ianp C. Library Impact F Ci /j D. Parks impact Fee: C" C?� E. Educational Faciliti ti F. Road Impact Fee 0 0. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES Impact Fee $2,690.00 $2,840.00 $11,612.98 14WFMMAgrxnxmts1AOH%g1V10D%[khval Agreement (081(02 1012) 7 A is nDNA aur IW wA axD DNNI 12160 FULLER LANE POITNT)A1?V gTTPUP.V... 3158 PG: 23668 *** 3 TRACT Y—ate (DRAINAGE) 1 r'n____ BASEMENT `LGSNNG 2'WWIDE CONCRETE A ALL IMPROVEMENTS ARE EXISTING UNLESS OTHERWISE NOTED. THIS SURVEY 18 SIGNED AND SEALED TO THE DATE OF FIELD WORK AS SHOWN. ELEVATIONS SHOWN HENSON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1626. FRIM, PANEL No. 120067 0806 0 INDICATES THAT THE PROPERTY IS IN ZONE "AE", ELEVATION 7.0. ONLY EABEMEN73 ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON LEGAL DESCRIPTION: LAT RA, BLOCK 'C' OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PAGES 46 AND 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 6611,02 SQUARE FEET OR 0.16 ACRES MORE OR LXSS. I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COWER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION AND THAT THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.027, FLORIDA STATUTES AS PER RULE 61017.6 OF THE FLORIDA ADMINISTRATIVE CODE, CERTIFICATION 18 ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS, FREEDOM FROM ENCUMBRANCES OR CONSTRUCTION SET BACK RESTRICTIONS. ABSTRACT NOT REVIEWED. THIS SURVEY 18 SUBJECT TO EASEMENTS, RESTRICTIONS (INCLUDING CONSTRUCTION SETBACKS) AND RESEiRVATIONS of RECORD. McANLY ENGINEERING "� Na. 4,6D a ft D.C.N. ODS D.Y. NOT p1Of **TM NRB SEAL r.o.cr. �oaaaa Da. P. aMTity,E 3.It:: F6976 AND DESIGN INC. h s "— 1101KA" w�� DVDETGNJ — aa+A , 1• , aa'I on 0 rano"Vt. oclonym em preparol by: Patrick G. Wbite Ault, CoMw CoaMy Att'y. 3311'lit ivA Tna But Napkb FL 34112 Fllek 03469 -IF 3082863 OR: 3158 PG: 2353 RICOIDID i0 OIIICIAL "COBS Of C011I11 COUM, IL 11121/2002 at 10:17AN DNIGR! 1. SIOCN, CLAN RIC 111 17.50 Rota: 11NANCIAL ADMIN i NOOSING IN111011ICI ATfN: LADIIN SIAIDI403-23301 Tbbspacefor.wN nit AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defe�j 01T pact Fees is entered into this %.$ day of •(\h" a Y. any, 2002 by �ween Collier Colt litical subdivision of the State of Florida, through its the Bo gy t�ommisiu ners, rei after referred to as "COUNTY,' and Habitat for Human ty f'�/il n r referred to as "OWNER;' Ter— collectively stated as the ` Q s."/1 E--4 RECIT WHEREAS, Collier u v Ordinance No. 161 the Collier County Consolidated Impact Fee Ordinance, as amend may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3158 PG; 2354 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, TREREIiORE4rQ�Yffgderation of valuable consideration, the the Parties covenant and a 1. RECITALS IN incorporated by 2. LEGAL DESCP (the "Dwelling i herein. herein. The legal Housing. Recitals, and other good and is `IZereby mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly F 5. which is OR; 3158 PG; 2355 payments to purchase and pay for 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 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 $11.612.98, as set forth in attached Exhibit `B;' incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by impact fee Unit shall be sol2df�hly, to persons or criteria set forth in later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee sells the Dwelling Unit purchaser, the Dwelling the deferral qualifying case of sale or transfer by gift of the Dwelling Unit, the originif OW -ER shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3156 PG; 2356 Hundred Twelve dollars and 981100 ($11 612981 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, parity with any lien 8. RELEASE OF requirements, ilu the expense of he f"1 payment, inelud 9. BINDING EFFE Parties to this A¢rei not limited to, its Agreement person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the assigns 10. RECORDING. This Agreemeltt=sh`all-be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager, 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 3158 PG: 2357 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 deferred 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, the -COUNTY- ay bring a civil action to enforce the Agreement,�fbtre��sedl, c. In addit' n, f c- lien.,may be or otherwise enforced by the CO Y, f as 0 `s Z n _n it including the foreclosure of a mnrtfu e h rbal n'robedv.l 0 7&ha I be entitled to recover all fees and g co st'"� lading attorney:+����plu �''�ij/il`eresP at the statutory rate for ud ent �latl ted on a Galen c�L �duntil aid. t� / 1 l �I� CI���f� E OR; 3158 PG; 2358 W WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: OWNER: i Habitat for Humanity of Prin ante i 2A YnU rro Collier Cou ty, Inc. TIA ey / oe'Samue . Durso, M.D., President STATE OF ( ) COUNTY OF The foregoing Agreement was w W I'fore me this _B— day of 2002, by Samuel J. Durso, M.Dr. bpi► - a 9l j [Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL nu.ntit STATE OF FLORIDA) COUNTY OF COLLIER) n raking Acknowledgment E�+ FLORIDA ),COUNTY MANAGER The foregoing Agreement was acknowledged before me this J_ day of L "o . , 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL]„gnature of Person T g Acknowledgment � •,,, Lauren J ) ,, Bxpirattondtd: Oct 24iu, 2006 Ie "�u�"' Atlrkbaotl Co„ roved as to form and it mmend Approv 1 ufficie Patrick 0. White Denton Baker, Interim Director Assistant County Attorney of Financial Administration & Housing 6] OR: 3158 PG: 2359 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 29, Block C, Habitat Village, according to the plat thereof as recorded in Plat Book 37, Pages 48 through 510 inclusive, of the Public records of Collier County, Florida. EXHIBIT "B" : Nei CpLT Type of Impact Fee 0 Owed A. EMS Impact Fee �_. $ .00 B. Correctional Fac' itie tF , 1. 8 C. Library Impact D� 2 4. D. Parks Impact Fee. $l,l { E. Educational Facilitf S tem impact Fee 1;�7,. F. Road Impact Fee ®��-rE C? 8500 G. Water Impact Fee $2,690.00 H. Sewer Impact Fee $2,840•00 TOTAL IMPACT FEES $11,612.98 PGWFom%&A9r0eMentdAHH59N100% Defeml ABrwneot 1081602 1012) 7 N x A u�F3€3 U omit 199 a EY LEGEND . nose ueuwci tun t:u . Farn "ut . ee.+en� xu:o teu . Hmn vats : .ertwaAM � 1nOMM1 : www uimviFiai . ren R . Re CLW art . IIpY RY "um wM aC BOUNDARY SURVEY \ \ LOT 90 \\ D \ BLOCK "C" \ r 1\, LOT 29 \ BLOCK "C" 1 TRACT "D-2" (DRAINAGE) \ A \ n , 1 1 1 1 1 7834 JV 1 1 1 1 IO' DRAINAGE EASEMENT-" 1 1 1 LOT 2e 11 BLOCK "C" 10 PUBLIC UTILITY I EASEMENT !'10DSTING 2' WIDE CONCRETE VALLEY GUTTER *** OR; 3158 PG: 2360 *** LANE EXISTING UNLESS OTHERWISE NOTED. AND SEAIBD TO THE DATE OF FIELD WORK AS SHOWN. ON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1029. 0805 D INDICATES THAT THE PROPERTY IS IN ZONE "AE", ELEVATION 7.0. THE RECORDED PLAT LISTED BELOW. LL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. ]nenr.n FIAT DR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. LEGAL DESCRIPTION: LAT 20, RLOCK 'C" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PAGES 48 AND 40 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 4118.87 SQUARE FEET OR 0.08 ACRES MORE OR LESS. I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THAT9 SURVEY AND SKETCH SARE EACCURATE TOT 6 EST Y OF THE ABOVE DESCRIBED OF MYRKNOWLEDGE AND BELIEF.I FURTHOPERTY WAS MADE UNDER MY ER ION AND THAT THAN ABOVE GROUND ECERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 478.027, FLORIDA STATUTES AS PER RULE 81017,8 OF THE FLORIDA ADMINISTRATIVE CODE, rc"metrkvnN iv nNI.V FOR THE LANDS AS DESCRIBED. IT IS NOT A CERTIFICATION OF TITLE. •EONING. EASEMENTS, t"n : NOUNIM 04, Baa tNtexs W1 : t- • 00, DAR 01 IM'IMO: NYI,TlYBC -- II41Y X0011: It1lK/M% PtqwW M: Pat tkk G. wwu ,u.% Coakr County Aalr. 3301 Tum%* Trom I" Napky19.34112 Me# 03.068 -IF 3082862 OR; 3158 PG; 2345 RICORDID ie OIIICIAL IICOIDS Of COLLIIR COB", IL 11121)2002 1t 1047AM UNION? 1. BROCI, CLINK RIC 111 37.50 Retn; IINANCIAL ADMIN i MOUSING INNIOIIICI ATTN: LAURIN BIAR01403-2338) Tkk spode rur rrrorded AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Def ffAW ", act Fees is entered into this U day of ` coj j�\Q&— , 2002 by d trGeen Collier Coun �Pa litical subdivision of the State of Florida, through its the B o C§.lyZbmmissjp ers, in er referred to as "COUNTY," and Habitat for Humard y aft r referred to as "OWNER," collectively stated as the WHEREAS, Collier i3 Ordinance No.`2 - ' the Collier County Consolidated Impact Fee Ordinance, as amend 4 ?2, - ti1a c�a�-i may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3158 PG: 2346 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of �attiing4 NOW, THEREFOR �W-N sideratior valuable consideration, th rec "-sufftcie_i the Parties covenant and g as I w 1. RECITALS t 1 incorporated b rence herein. 2. LEGAL DESCR i The legal (the "Dwelling Unit) ' I - pr" Housing. Recitals, and other good and hereby mutually acknowledged, are true and correct and are the dwelling unit and its site plan " and is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESEN'T'ATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER's household earnings will not exceed the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR: 3158 PG: 2341 payments to purchase and pay for 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 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 $11,612.98, as set forth in attached Exhibit 'B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWTjER until no later than the expiration of the TERM, OWNER It in i Ordi arc 5. SUBSEQUE TiZI I which is subjecttt Unit shall be sold criteria set forth in it to comply with the affordable detailed in the Impact Fee R;1 Rl�of QW ER sells the Dwelling Unit npact fee 17N to s uent purchaser, the Dwelling to persons or hh sq eeting the deferral qualifying bac _ee._Ordin 4�� case of sale or transfer by gift of the Dwelling Unit, the origrn`tif—OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purposee during such period, the full amount of the deferred impact fees shall be immediately repaid to the COUNTY. 7. .LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR: 3158 PG: 2348 Hundred Twelve dollars and 98/100 ($ll 612.98) 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, ter parity with any lien 8. RELEASE OF LI)} requirements, cl d.I the expense o t �0 payment, inclu t1 , b 9. BINDING EFFE - Parties to this Agreen 10. RECORDING. This person, except that this lien shall be on of this Agreement's fees, the COUNTY shalt, at evidencing such not limited to, Agreement shill,the land and be binding upon the ¢cfiaeits,-s,and assigns E 0 r -emenl stialrbe recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if' a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the hnpact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. 4 OR; 3158 PG; 2349 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNE3R of the property: (1) fait 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 deferred 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 he in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, the_—Cqj '-tray bring a civil action to enforce the Agreement. c. In additigin, slfp_.lien_. may be foreclbced,\or otherwise enforced by the ralarj'on� u( aW ity�including the foreclosure of a P Y. C Y hal, be entitled to recover all fees and cos' �, I cluding attorneys s, lu A, t rest at the statutory rate for judgment" lated on a calendi until paid. 01 ?, � �. 5 OR: 3158 PG: 2350 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: OWNER: Habitat for Humanity of Print Rame.L Iq✓tKjuHto` Collier County, Inc. Print N e Samu . Durso, M.D., President STATE OF f ) COUNTY O\,-filj\jo4) The foregoing Agreement was 2002, by Samuel J. Durso, M.D., Pf- personally known to me. [NOTARIAL 9� STATE OF FLORIDA) COUNTY OF COLLIER) me this a_ day of jQ*& Humanity of Collier County, Inc. He is Acknowledgment , FLORIDA 501iI.U11'� Offy-\ The foregoing Agreement was acknowledged before me this day of ._n QV Q bei, 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. a f [NOTARIAL SEAL] u;,s;� Lauren J communion AI K"".130 � `• 6xpl a Oct ��.. 9aededl Approved as to form and ���" 'woe W cy: Patrick O. White Assistant County Attorney of M Acknowledgment Denton Baker, Interim Director of Financial Administration & Housing OR; 3158 PG; 2351 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 309 Block C, Habitat VWage, according to the plat thereof as recorded in Plat Book 37, pages 48 through Sl, inclusive, of the Public records of Collier County, Florkl& EXHIBIT "B" IMPACT FEE BREAKDOWN v� ;R co Type of Impact Fee �� t !Owed A. EMS Impact Fee $ B. Correctional Fac' itie Im act Pcef $ t l 98 C. Library Impact ee U 4•' D. Parks Impact F ^ E. Educational Facili ' stem impact Fee t�$. F. Road Impact Fee 0 5.00 G. Water impact Fee _� � $2,690.00 H. Sewer Impact Fee $2,840.00 TOTAL IMPACT FEES $11,612.98 POW Vmuu&Agr"menu/Af KVV100% Deferral Agrcemmt (081602 1012) 7 BOUNDARY SURVEY '\ \ TRACT "D-2" (DRAINAGE) �y \ \ \ \ \ LOT 31 \ * ` BLOCK "C" \ 5i 6i �\ �y89.Q3 dAOBF� \ 00 \ r o♦ 4� Y \ 98 0 of \ LOT 30 \\ a Nw \\ BLOCK "c" \ w -so x \ .t2. \ 1pS\'i3xaJ9 0 \` IAT 29 1 _\ N BLOCK "C" \ � 11 LEGEND f II 1 OVA "eu"n"wZANKM r 0_ 444��' � 10' DRAINAGE EASEMENT at . ouu,at riMerrn 1 roLr . Wow. wAe Ru xa.rn . w+ow. owarw rnmra�11 IAT 28 `— i rnr . reWAMOR =war � � rar.. rotuxee oaxreo� roar r'si e.sN ua 1 BLOCK "C" . h L %. 1 mwwe rsnn +Ii�, Zi�� 11 o" :w° irons. 1 °�' • rrs aux euf 10' 1 • r1oeM ens CAIN wYx i NOTES: p� ADDRESS: 12149 FULLER LANE < ERN BE NOTED. ALL. IMPROVEMENTS ARE EXISTING UNLESS OTH THIS SURVEY IS SIGNED AND SEALED TO THE DATE OF FIELD WORK AS SHOWN. �+ ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1829. FIRM. PANEL No. 12OD57 0605 D INDICATES THAT THE PROPERTY IS IN ZONE 'AE', ELEVATION 7.0. LEGAL DESCRIPTION: ES 8 AN TINE PUBLICFRECOR SF OFBITAT COLI RI COUNTY, SUBDIVISION SAID PARCEL CONTAINING 4116 57 SQUARE FEET OR 0 09 F ACRES MORE OR LESS. I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION AND THAT THIS SURVEEY MEETS TIRE MINIMUM TBC TETE CHNICAL STANDARDS IN SECTIONTHE BEST OF MY KNOWLEDGE027. FLORIDA STATUTES AS PER RULE FY T 51017,5 OF THE FLORIDA ADMINISTRATIVE CODE. CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED. IT 13 NOT A CERTIFICATION OF TtnL 20NI?�{G, EASEMENTS, . THIS SURVEY IFREEDOM S SUBJECPRTo EASEMENTS, CES OR RESTRICTIONS INCLUDING CONON SET CSTRUCTION BETBACKSASND. R6SRCT NOT IAn160MNSEDOF RECORD. rcxrxetrAW * ADn10RMTION No. US BM � NorplxR w, tape . 1.. 0o'rwe w Prelpered brr Patrick G. While Arlt. Collier County Alt'y. 3301 Trdrd Trail Fiat Naplr, FL 31112 F11e# 03 -067 -IF 3082861 OR: 3158 FG: 2337 RICORDID in OFFICIAL RICORDS of COLLIIR COON}►, IL 11/21/2002 lit 10:11AX DNIGHT 1. IROCI, CLINK RIC 111 31,50 Retn: FINANCIAL ADNIN h HOUSING INTIIOIIICN ATTN: LAURIN BIAID(403-2338) This spire for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Deferredof act Fees is entered into this ],3 day of c�3 'M e"I O b.Q.," 2002 by cen Collier Co litical subdivision of the State of Florida, through its the Bo of oittnt -C ¢i n rs, h in er referred to as "COUNTY," and Habitat for Humanit of r p amu` t , fte referred to as "OWNER," /til" fi`t `��i i�"1 '1�" collectively stated as the RECITA WHEREAS, Collier t Ordinance No. 4) a Collier County Consolidated Impact Fee Ordinance, as amender®234�ay hbe further amended from time to time, hereinafter collectively referred to as 'Gtipact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and 1 OR: 3158 PG; 2338 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, THEREFO valuable consideration, the the Parties covenant and agi 1. RECITALS IN( incorporated by 2. LEGAL DESCH (the 'Dwelling I herein. herein. The legal Housing. ing Recitals, and other good and is ereby mutually acknowledged, are true and correct and are dwelling unit and its site plan and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit, During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 01 b. C. d. e. 5. SUBSE( which is OR: 3158 FG: 2339 payments to purchase and pay for 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 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 $11 612.98 as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by Unit shall be sdkl�;pNy to persons or criteria set forth in the Dwelling Unit, the later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee ITY I ONER sells the Dwelling Unit t a t5;uent purchaser, the Dwelling Idris meeting the deferral qualifying J �jn the case of sale or transfer by gift of shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR: 3158 PG: 2340 Hundred Twelve dollars and 981100 ($11,612.98), 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, parity with any lien L" 8. RELEASE OF L - requirements, t cl� the expense o th C UP payment, inclulit" but not limited to, 9. BINDING E �� 's Agreement Parties to this Agree b, t eitteirso TIE CAI10. RECORDING. This Agree ent -shed person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such the land and be binding upon the and assigns recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall 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: 3158 PG: 2341 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 deferred 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, the COZJN-T-Y may bring a civil action to enforce the Agreement. c. In additigh, WS—(nay be forecl6�ed,\or otherwise enforced by the the foreclosure of a be entitled to recover all fees and cos'(�,pigcluding attorneys4ges, �lus/gt�rest at the statutory rate for !don a calendakntil paid. 5 OR: 3158 PG: 2342 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: OWNER: tYGti Habitat for Humanity of Print Warne C - 1&'VnL4MC'- Collier County, In . Punt Samuel o, M.D., President STATE OF�1(� ) COUNTY OF Cnllr4) The foregoing Agreement was 2002, by Samuel J. Durso, M.D., personally known to me. /I &I [NOTARIAL AH011Hr STATE OF FLORIDA) COUNTY OF COLLIER) before the this ja— day of nor Humanity of Collier County, Inc. He is Acknowledgment FLORIDA COUNTY MANAGER 101 The foregoing Agreement was acknowledged before me this -@A— day of 'A\ Q�a"t, . 2002, by James V. Mudd, County Manager, on behalf of COUNTY. He is personally known to me. (NOTARIAL SEALI Signature of Persot ng Acknowledgment Lauren J. Beard Commission N00159W Bxp1m: Oct 24,2006 aawe'n" m rico lmm4co., hn. Patrick G. White Assistant County Attorney Rec mmend Appro Denton Baker, Interim Director of Financial Administration & Housing D OR; 3158 PG; 2343 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 31, Block C, 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. PUWFmns&Agtcematls/A(n1egN100% defcrW Agreement(0816021012) 7 EXHIBIT'S" IMPACT FEE BREAKDOWN R. cot Type of impact Fee ��,�s-� t Owed A. EMS Impact Fee $ B. Correctional Faci tie ITpact`Fge- $117. 8 d C. Library Impact W) t� E D. Parks Impact Fee irl _. . 9 E. Educational Facility stem Impact Fee l' F, Road Impact Fee ______ 5.00 G. Water Impact Fee��$2,690.00 H. Sewer Impact Fee $2,840.00 TOTAL IMPACT FEES $119612.98 PUWFmns&Agtcematls/A(n1egN100% defcrW Agreement(0816021012) 7 BOUNDARY SURVEY EXISTING 20' WIDE ASPHALT PAVEMENT�� S O TRACT "D -2m / (DRAINAGE) w \ WW— \\ U NOTES: ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1929. FIRM, PANEL No. 120067 0606 D INDICATES THAT THE PROPERTY IS IN ZONE "AE", ELEVATION 7.0. BEARINGS ARE BASED ON THE RECORDED PIAT LISTED BELOW. CONTRACTOR/OWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. ONLY EASEMENTS ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. LEGAL DESCRIPTION: LOT 31, BLACK "C" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PACES 48 AND 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 4096.69 SQUARE FEET OR 0.09 ACRES MORE OR LESS. I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. CERTIFICATION IB ONLY FOR THE LANDS AS DESCRIBED. ON SET 118 FREEDOM ROM TO EABBMMENTSN RESTRICTIONCES 09 S INCLUDING i , xorsMwx a, eoa �.Nr>y AND THAT 'IVY THAT R RULE fd' AUT WZATON No. Le 67M ,-"1 S5 EW9045ED i1M SELL "Man: P.§.M.' /8279 Prep" byt PaW& G. while An't. Coaly Corny Ate'y. 3361 Tam4ml Tnn Bast WPW,n3/112 File# 03.066 -IF 3082860 OR: 3158 PG: 2329 11COIDID is Ot2ICIAL NICONDS of COLLIII COUM, [L 11/21/2002 at 10:11AN DNIGIT I. BNOCI, CLINK NIC 111 31.50 Neta; lINAICIAL ADNII i IOOSIIG l"110111C1 AM: MAIN BIA101103.233/1 This Space for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the De rF tl owwzo) 'hem 4-e - 2002 byiwee�r Florida, through its theBo gg.,►1ty LemmisI and Habitat for Hum ty �f'"jEbj collectively stated as the WHEREAS, CollierWgiitkordinance No. Impact Fee Ordinance, as Fees is entered into this 13 day of subdivision of the State of referred to as "COUNTY," referred to as "OWNER," the Collier County Consolidated may be ftuther amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3158 PG: 2330 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, THEREFO valuable consideration, the the Parties covenant and ast 1. RECITALS IN incorporated by 2. LEGAL DESCF (the "Dwelling herein. al herein. The legal Housing. Recitals, and other good and is1tereby mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 b. C. d. e. OR: 3159 PG: 2331 payments to purchase and pay for 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 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 11.612.98, as set forth in attached Exhibit `B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWNWuptil no later than the expiration of the TERM, OWNER housi g i Ordi�ut 5. SUBSEQUE T . which is subje Unit shall be s d criteria set forth in f fee deferral y to persons the Dwelling Unit, the Fee to comply with the affordable detailed in the Impact Fee sells the Dwelling Unit purchaser, the Dwelling the deferral qualifying case of sale or transfer by gift of remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2332 Hundred Twelve dollars and 98/100 ($11,612.98), 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,) parity with any lien 8. RELEASE OF L requirements, i clu the expense of the payment, inclu ', 9. BINDING EFFE 1 Parties to this Aare person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such not limited to, Agreement sliillutivt the land and be binding upon the l Gjrheits,su § 1 , and assigns 10. RECORDING, This AgreetneffshaiCbe recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if; a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 3158 PG; 2333 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 deferred 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, the -mqy bring a civil action to enforce the ,Moi. Agreement. c. In additi9 , t t n_.Tay be foreclo d, r otherwise enforced by the 0 the foreclosure of a entitled to recover all fees and cos, tii(cluding attorneys'f$es, Alus/if><it?iest at the statutory rate for ated on a calendtFe'da�ntil paid. &I OR: 3158 PG: 2334 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written, Witnesses: t•+ ..: � 1 ' • +tel►► STATE OFa ) COUNTY OF The foregoing Agreement 2002, by Samuel J. Durso, M.D. personally known to me. [NOTARIAL j STATE OF FLORIDA) COUNTY OF COLLIER) is OWNER: Habitat for Humanity of Collier Co ty, In SanyATJ. Durso, M.D.,-President me this 19 day of / 64 , Humanity of Collier County, Inc. He is , FLORIDA COUNTY The foregoing Agreement was acknowledged before me this ;? L day of Dov gYm. a..., 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. I attren J. Beard [NOTARIAL SE Vin: Conunistion MDDIS90l4 Signature of Pers mg Acknowledgment ' ExpiM: Oct 24,2006 U a Thu A kq; Co., [W Approved as to form and le suf '1'ency: Patrick 0. White Assistant County Attorney R mmend prov Denton Baker, Interim Director of Financial Administration & Housing OR; 3158 P0; 2335 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 320 Block C, 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 eB" IMPACT Type of Impact Fee A. EMS Impact Fee B. Correctional Faci ui Imp C. Library Impact F D. Ci Parks Impact Fee. C E. Educational Faciliti , o F. Road Impact Fee 0 G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES r Impact Fee 85.00 $2,690.00 $2,840.00 $11,612.98 PoWr n MAgreem nuVA(fHVV 100% Oefennl Agrftwmt (081602 1012) 7 BOUNDARY SURVEY EXISTING 20' WIDE ASPHALT rrrwr f8razz CIO d u , v<I3��ag to ia3B + 0840 NON ovr G1M WIM ,e 6 / TRACT b-2" / (DRAINAGE) / /A I \ LOT 32 \\\ \ BLOCK "C" \ `J \ LOT 31 \\ BLOCK "C" \ - \\ IAT 30 \\ \ BLOCK "C" \ 110' DRAINAGE EASEMENT ADDRESS: 12128 FULLER LANE \ VIA \\ • \` \ \�\ ALL IMPROVEMENTS ARE EXISTING UNLESS OTHERWISE NOTED. THIS SURVEY IS SIGNED AND SEALED TO THE DATE OF FIELD WORK AS SHOWN, ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1920. FIRM, PANEL No, 120067 0808 D INDICATES THAT THE PROPERTY IS IN ZONE "AE", ELEVATION 7.0. BEARINGS ARE BASED ON THE RECORDED PLAT LISTED BELOW. CONTRACTOR/OWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. ONLY EASEMENTS ON RECORDED PIAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. LEGAL DESCRIPTION: LOT 32, BLOCK "C" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PAGES 48 AND 49 OF THE PUBLIC RECORDS OF COLWER COUNTY, FLORIDA, SAID PARCEL CONTAINING 4278.88 SQUARE FEET OR 0.11 ACRES MORE OR LESS. I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COWER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER YY DIRECTION AND THAT THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF.I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.027, FLORIDA STATUTES AS PER RULE 81017.8 OF THE FLORIDA ADMINISTRATIVE CODE. CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED, IT IS NOT A CERTIFICATION OF TITLE. ZONING., EASEMENTS, IS SURVEY IS ESUBBJECDOM TROM To EASEMENTS, ENCUMBRANCES RESTRICTIONS INCLUDING CONSTRUCTIONON SET BACK RESTRICTIONS, AND RESERVATIONS OD.F RRSCORD,, CERMcANLY ENGINEERING w� nF VAXF 0.° AUTESS EMIiAnori No. i AL OYtX: O.C,N. OYn1a, Y.Y. 7112 NOT LATE UNLESS EMOOSSYp `o. SEAL v.r.rr David C. volmna,, P,S.1L 08278 1 an , NOVNNR a, Jim 1 prepared by: patrreh G. whin An't. Coafee County Aa+y. 33H TawturA Tma Ead Nepk4^ 3411= File# 03.064 -IF 3082880 OR: 3158 PG: 2489 RICORDiD in 011ICIAL RICORDS of COLLINR COOM, 1L 11/2112002 at 10:17M DNIGBf 1, BROC1, CLIRI Ric 111 3730 Rete: 1INANCIAI ADMIN i ROUSING IMR011ICI AftN: WRIN BIARDI403-23311 Tnh aW for recordioa AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the le ()6, J act Fees is entered into this 13 day of �py �1va�, 2002 by ween Colli Cou litical subdivision of the State of Florida, through its the Bo �n�yfffCCC���=Missi els, h rei er referred to as "COUNTY," and Habitat for Human'ty f p� ort �In • e i aft r referred to as "OWNER," collectively stated as the RECITA WHEREAS, Collier u Ordinance No. 2 the Collier County Consolidated Impact Fee Ordinance, as amend I may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of l00% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3158 PG; 2490 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Impart lee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support NOW, THEREFORE valuable consideration, the ce' t the Parties covenant and ag c 1. RECITALS IN incorporated bypc 2. LEGAL DESCR (the "Dwelling Unit") is herein. Housing. of the r#gb%ngRecitals, and other good and ry usf� vhiec\h ireby mutually acknowledged, are true and correct and are herein, legal descript'o 8f' he dwelling unit and its site plan pp Wi'jrr I'k' and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 'ra OR: 3158 PG: 2491 payments to purchase and pay for the Dwelling Unit will retrain within the affordable housing guidelines established in the Impact Fee Ordinance; Owner is a first-time home buyer; The Dwelling Unit is, and will 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 $11,612.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWN4im housiOrd' S. SUBSEQUENT TR C� which is subject let e it Unit shall be sol criteria set forth in the Irt�if later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee Rf Z48,11 Zent ER sells the Dwelling Unit npact fee defe to s purchaser, the Dwelling to persons or h u �eeting the deferral qualifying .da'ct� ee_Ordin e case of sale or transfer by gift of the Dwelling Unit, the origWAVOWNER shall remain liable for the impact fees deferred until said impact fecs are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2492 Hundred Twelve dollars and 98/100 ($11,612.98). 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, parity with any lien 8. RELEASE OF requirements, in lu the expense of he Ci payment, includt , 9. BINDING EFFE Parties to this Agre( 10. This not limited to, his Agreement person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the assigns recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if; a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of trailing 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: 3158 PG: 2493 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 deferred 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, the_,CQW T�,tnAy bring a civil action to enforce the Agreement. c. In additigb, �%�Jien-4pay be foreclo*d,'pr otherwise enforced by the the foreclosure of a be entitled to recover all fees and costs, t(cluding attorneys `f ,cs, Olus/iYP; rest at the statutory rate for d on a calendzifda��is,6ntil paid. M OR: 3158 PG: 2494 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: STATE OF a i �) COUNTY OF _) 03u, ►1 Habitat for Humanity of Collier Co ty, Inc. 71� Sam Durso, President The foregoing Agreement was 2002, by Samuel J. Durso, M.D., ' personally known to me. /101* [NOTARIAL Pi STATE OF FLORIDA) COUNTY OF COLLIER) me this U— day ofe V lumanity of Collier County, Inc. He is Acknowledgment COUNTY MANAGER The foregoing Agreement was acknowledged before me this a_ day of - Dov_ c \�C��, 2002, by James V. Mudd, County Manager, on behalf of COUNTY. He is personally known to me. _ / [NOTARIAL SEAL] ,LaUra J BeWSignature of Person 'Patting Acknowledgment Commitri0 O c Bxplra: Octt 24 24,,22 0066 "tilts AftfiaBon&"Cu� Approved as to form and suffi i tcy: Patrick G. White Assistant County Attorney bw R mmend Ap roval Denton Baker, Interim Director of Financial Administration & Housing OR; 3158 M 2495 EXHIBIT `•A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 33, 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" co Type of Impact Fee 0' A. EMS Lnpact Pee �.g B. Correctional Faci itie t •-- C. Library Lnpact D. Parks impact Fee. E. Educational Faciliu-them Impact Fees F. Road Impact Fee 0 Af __--' 0. Water impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES PGWfk ms&AV n"1.VA(ningW10(Yk Defe"I AV"Imt (081602 1012) 7 $2,690.00 $2,840.00 $11,612.98 I\TRACT D-3 \ (DRAINAGE) a+oi AW FULLER LANE IS ARE (DUSTING BOUNDARY SURVEY** EKISTING 20' WIDE ASPHALT PAVEMENT M \� o Sa r � d+ a, C2 790.00' 04'02'27' 06.72' 66.71' H23'64'66'N C3 660.00' 04'02'27' 60.66' 60.64' N23'64'58 -N SIGNED AND SEALED TO THE OATS OF FIELD WORK AS SHOWN. IN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1929. 160007 0806 D INDICATES THAT THE PROPERTY IS IN ZONE 'AE', ELEVATION 7.0, ABED ON THE RECORDED PLAT LISTED BELOW, TER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS, ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. ON: 1' OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PAGES 48 AND 49 OF )ILLS OF COILER COUNTY, FLORIDA. SAID PARCEL CONTAINING 4072.96 SQUARE FEET OR 0,09 1 HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION AND THAT THE BURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF.I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.027, FLORIDA STATUTES AS PER RULE 61017,6 OF THE FLORIDA ADMINISTRATIVE CODE. CERTIFICATION 13 ONLY FOR THE LANDS AS DESCRIBED. FREEDOM FROM ENCUMBRANCES OR CONSTRUCTION SET DT BUBJECT TO EASEMENTS, RESTRICTIONS (INCLUDING 1 ..Nrm w000u Mn octol 160.6206 60' wn 1-14 Na LB 6762 M17H SEAL . tre279 PmVUW bye Patrick G. White ANIL coiner County Att'y. 3301 TRIO" Tran YAM NApia, n, 34112 File# 03.062•IF 3082882 OR; 3158 PG; 2505 IICORDID in OPPICIAL WORDS Of COLL111 COUNTY, IL 11/21/2002 At 10:17AN DNIGIT 1. BROC1, CLIII flit 111 31.50 Attn: IIIAICIAL ADIII t HOUSING AM: LAUIIN IWD(403-2338) TW $pace for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Def 1'�"Q+pftact Fees is entered into this 0 day of oQ4�a. , 2002 by �cen Collier C�R lidcal subdivision of the State of Florida, through its the Bo of k—Uirr mission rs, he in er referred to as "COUNTY," and Habitat for Humanit o Cil �N� c h r e referred to as "OWNER," collective) stated as the l�,jl ��. RECITAiL& WHEREAS, Collier Cbnnance No. 2091Y2 f� fhe Collier County Consolidated Impact Fee Ordinanamen ce, as dedjo ,`i may be further amended from dine to y�--......_ t time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100'x, deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3158 PG; 2506 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support tof NOW, THEREFORE'ttbd i valuable consideration, the ttit the Parties covenant and a 1. RECITALS IN Q incorporated byfb rice herein. 2. LEGAL DESCR The legal (the "Dwelling Unit") swat �rtij herein. Housing, of th'ing Recitals, and other good and :Ylpf whicg is ereby mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 6 OR; 3158 PG; 2501 payments to purchase and pay for 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 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 $11,612.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by later than the expiration of the TERM, OWNER housi im Ordi an t 5. SUBSEQUEN which is subjec 6\ he Unit shall be sol t�; criteria set forth in th t the Dwelling Unit, the to comply with the affordable detailed in the Impact Fee RRA yf ER sells the Dwelling Unit npact fee defer{ l to a s uent purchaser, the Dwelling to persons or hir eeting the deferral qualifying a�0- in e case of sale or transfer by gift of z D ,yyam� )d I t NE shall remain liable for the impact fees deferred until said impact fess are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2508 Hundred Twelve dollars and 9Wl00 ($11 612.981, 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, parity with any Hei 8. RELEASE OF% requirements, 'cli the expense o the payment, inclu 1n 9, BINDING EFFE Parties to this Agn but not limited to, 10. RECORDING. This Agreement person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such the land and be binding upon the and assigns recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if. a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 3158 PG; 2509 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 tern; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees deferred 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, the,-jP%4N`'-':m@y bring a civil action to enforce the Agreement. c. In additl6n, ,tale--lien--,may be forecldgcd,\or otherwise enforced by the ,,by actj�gr�u��lg�vl�Ntyincluding the foreclosure of a a al s o v\) O Y hal be entitled to recover all fees and cods �i cluding attorneys�s, lu }i� rest at the statutory rate for judgmentI�t4lated on a calendariln WA/Until paid. 5 OR: 3158 PG: 2510 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: OWNER: Habitat for Humanity of Collier Cou Inc. i, Samue rso, M.D., President STATE OF-11CN1L__ ) COUNTY OF <^ The foregoing Agreement was knq. vi gga.,d before me this 1.� dayoA�--b�e l 2002, by Samuel J. Durso, M.D., ,Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL t ng Acknowledgment F� J FLORIDA COUNTY MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this .21— day of `ro,; a ,,.ion.' , 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. j [NOTARIAL SEAL];,., L j geaW Signature of Person Takmg Acknowledgment ;�c Commblbn /24,5906 i •. i' Bxpira: tkt 24, 2006 i� n.0 "AWntle Dw, 68C0.,ten Approved as to form and Recommend Approval tau Patrick G. White Denton Baker, Interim Director Assistant County Attorney of Financial Administration & Housing 11 OR; 3158 PG; 2511 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 51, 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 Type of Impact Fee A. EMS Impact Fee B. Correctional Facil' 'esl C. Library Impact FeL D. Parks Impact Fee: CCS E. Educational Facilitie F. Road Impact Fee G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES k 1 $1 19 .�� Impact Fee 7 j Ila 5.00 � V r $2,690.00 $2,840.00 $11,612.98 PGWFomu&Agrtemrnts1AflHsgW100% Deferral Agrcemimt (0816o2 ion) 7 BOUNDARY SURVEYS OR; 3158 PG; 2512 EXISTING Z' WIDE NCRETE EXISTING 20' WIDE \ VALLEY GUTTER ASPHALT PAVEMENT IAT 52 \ \ C% BLOCK "A" \\d E q0A r.G ` LOT 51 `, \ o BLOCK "A" \ D I `� IIIrS IAT 60 `I u BLOCK "A" 1 n VIA ra II 1 i76 mfr I,C yL�R Cf} �r I1� lo' s } Q rrr 7 z — � iib lR{iB4 UTl EASE x CURVE DATA L C R 3 EL A LENGTH CHORD BEARING waM O.0 r 1 . 1 1 700. ' '27" 66.72' 55.71' N16660'03"W aua . evil" mu" womm 1 C2�.— ��60 'E7' 6046' 60.64' N16'50'03"W sa . orvvo< urrt Ay. 60p6Coop pit 61r I 1 C3 _�00. k2W '23" 266.57' 267.66' N1T37'17'W 6,ara • iwiWw awxm envA ww 1 C4 7'67" 377.58' 373.71' NE3416'63"IT LR N." uru rr vnwv u un rar " wrwun ,os,w. wM.m6 � rr \ II c6 600. 1� 60'14' 76.14' 76.11' NII`23'49"W eu.. rirraanse rover k' -� � ..AM rue Wo wm 4 :.bra. a.," CAR NOTES: 1 \ ADDRESS: 12151 FULLER LANE ALL IMPROVEMENTS ARE EXISTING UNLESS OTHERWISE NOTED, THIS SURVEY 19 SIGNED AND SEALED TO THE DATE OF FIELD WORK AS SHOWN - ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1020. FIRM, PANEL No. 120067 0605 D INDICATES THAT THE PROPERTY 19 IN ZONE "AE", ELEVATION 7.0. BEARINGS ARE BASED ON THE RECORDED PLAT LISTED BELOW. CONTRACTOR/OWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. SCALE; 1" - 30' ONLY EASEMENTS ON RECORDED PUT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. LEGAL DESCRIPTION: LOT THE PUSUO�RECOR 9F OF COLLIER COUNTY,SFLORDA.IOSAIDSPARCEL CONTAINING 4D IN PLAT 072.05 SQUARE FEST OR 0.00K 37. PAGES 4a AND 49 E ACRES MORE OR LESS, I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THAT AN ABOVE "S SURVEY AND �8KE1'CHUND SARE ACCURATE TO B BEST OF MY KNOWLEDGE AND BELIEF.URVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE l FURTHMY DIRECTION R COERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.027, FLORIDA STATUTES AS PER RULE 61017.6 OF THE FLORIDA ADMINISTRATIVE CODE. 6762 law, 6cmw !r, 6 T pM� Pnpared Mt FatrkkG. WWte AWOL Coakr C"aty An'y. 33017Leivaa TMU Fiat Napka, FL 31112 File# 03 -W -IF 3482881 4R: 3158 PG: 2497 1ICORDID in OFFICIAL IICORDS of COLLIII COUNR, 1L 11/21/2002 at 10:1IAM DWIGHT 1. BROCI, CL111 RIC 111 37.50 Iota; FINANCIAL ADMIN i HOUSING INtIROFIICI ATFN; LAURIN BIARD)40-2038) T61e gree kr remrmng AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defers 12002 by t(( een Collier Florida, through its the Bo o I , C�ommisg and Habitat for Hum ani 'Com. collectively stated as the RECIT WHEREAS, Collier 1 only, Ordinance No. Impact Fee Ordinance, as time, hereinafter collectively referred to as Fees is entered into this 1L day of i�� subdivision of the State of referred to as "COUNTY," referred to as "OWNER," Collier County Consolidated be further amended from time to Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3158 PG; 2498 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-201, E. Lb. of the Impact Fee Ordinance, m codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support NOW, THEREFO ,civ valuable consideration, the rec ipf` the Parties covenant and a i 1. RECITALS incorporated by nc 2. LEGAL DESCR (the "Dwelling Unit") ` herein. Housing. oft o�e'oing Recitals, and other good and ;yfgf whi is ereby mutually acknowledged, are true and correct and are herein. j 0/ The legal descrip`( ntdj the dwelling unit and its site plan at c�Jted asp lg [ ti�ft�' AA,," and is incorporated by reference 3, TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 5. SUBSE( which is OR; 3158 PG; 2499 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the tmpact Fee Ordinance; Owner is a first-time home buyer; The Dwelling Unit is, and will 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 $11612.98, as set forth in attached Exhibit "B;' incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by impact fee Unit shall be soW!,Ot y to persons or criteria set forth in the Dwelling Unit, the later than the expiration of the TERM, to comply with the affordable detailed in the impact Fee .'(If)QWNER sells the Dwelling Unit a §i<Wquent purchaser, the Dwelling the deferral qualifying case of sale or transfer by gift of shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2500 Hundred Twelve dollars and 981100 Al L612.98) 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, parity with any lien 8. RELEASE OF requirements, i clu the expense of the payment, includ, 9, BINDING EFFE Parties to this Agre, not limited to, Os Agreement person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the assigns 10. RECORDING. This Agreett?elu=sliall`be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall 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; 3158 PG: 2501 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (l) 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 deferred 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, the _COQN1�y- may bring a civil action to enforce the Agreement. c. In additig4, it(6lien_may be forecldked,\or otherwise enforced by the Mew 'on 4MtFoi.l n la or city 'ncluding the foreclosure of a a /p" 2F1j hal be entitled to recover all fees and cos sa i ding Ttrorneys\ ees, lus f rest at the statutory rate for h. judgments` c lated on a calend mil paid. �� 1E GAT$-�'- 5 OR; 3158 PG; 2502 IN WITNESS WHEREOF, die Parties have executed this Agreement on the date and year first above written. Witnesses: STATE OF viI iK) COUNTY OF i The foregoing Agreement 2002, by Samuel J. Durso, M.D., personally known to me. [NOTARIAL Ow STATE OF FLORIDA) COUNTY OF COLLIER) OWNER; Habitat for Humanity of Collier Count Inc. Samuel P61rso, M.D., President me this LL day of iumanity of Collier County, Inc. He is E --q COUNTY MANAGER The foregoing Agreement was acknowledged before me this D_ day of 2002, by James V. Mudd, County Manager, on behalf of the COUNTY.. He is personally known to (NOTARIAL SEAL] J BeW Signature of Personlfi&ing Acknowledgment iaion1DD159M = o lixp . Oct 2420M , AWrticnodYros r., Approved as to form suffic cy; Patrick G. White Assistant County Attorney Recd nd Ap roval 14WCVQ'� Denton Baker, Interim Director of Financial Administration & Housing OR; 3158 PG; 2503 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 52, 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, Florlds. EXHIBIT "B" IMPACT FEE BREAK Type of Impact Fee ��9✓' — =A w A. EMS Impact Fee $93. B. Correctional Facili es c Fe 7 C. Library Impact F D. Parks Impact Fee: r' E. Educational Facilitie m Impact Fee 1;17 F. Road impact Fee .00 _�. O. Water Impact Fee — -- $2,690.00 H. Sewer Impact Fee $2,840.00 TOTAL IMPACT FEES $11,612.98 POWFoMU&Ag=c t4Aff sSN100% Deft"I Agme nl (081602 1012) 7 BOUNDARY SURVEY*** OR; 3158 PG; 2504 *** LOT 69 ` BLOCK "A" \ r \ \ I I \I to J \ -A o SCALE: 1" - So'` I I s Poon POM \ \ LOT 52 �\ BLOCK "A" 1 \ m lo LOT 51 BLOCK "A" PUBLIC EXISTING 20' WIDE ASPHALT PAVEMENT LEGAL DESCRIPTION: LOT 88, BLOCK "A" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 371 PAGES 48 AND 40 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. SAID PARCEL CONTAINING 4072.05 SQUARE FEET OR 0.00 ACRES MORE OR LESS. I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COWER COUNTY, INC, THAT AN ABOVE GROUND SURVEY OF THE THE SURVEY AND SKETCH ARE ACCURATE THIS SURVEY MEETS THE MINIMUM TECHN 51617.5 OF THE FLORIDA ADMINISTRATIVE JD THAT Y THAT RULE CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS, FREEDOM FROM ENCUMBRANCES OR CONSTRUCTION SET BACK RESTRICTIONS. ABSTRACT NOT REVIEWED. THIS SURVEY 13 SUBJECT TO EASEMENTS, RESTRICTIONS (INCLUDING CONSTRUCTION SETBACKS) AND RESERVATIONS OF RECORD. CERTIRCAM ,Y AUTHORIZATION No. LS 8782 WANLY ENGINEERINGwPw D.C.N. a.mx RM• I NOT VALID IXAESS EIIBO$SED MIN SEAL rPewm IDpDpq Davi&,"ojmam P.S_M. 55279 www: HPI.TaaeA auP 590.00' ' N17-3717"If waC3 760.00, 41" 777.58,91' 37797' CS 800.00' 08'68'C4 N2TId'55'W PULLER LANE TI ARE EKISTING UNLESS OTHERWISE NOTED. HONED AND SEALED TO THE DATE OF FIELD WORK AS SHOWN. 'N HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1929, 120057 0505 D INDICATES THAT THE PROPERTY IS IN ZONE 'AE', ELEVATION 7.0. ISED ON THE RECORDED PLAT LISTED BELOW. ER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. ON RECORDED PIAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. LEGAL DESCRIPTION: LOT 88, BLOCK "A" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 371 PAGES 48 AND 40 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. SAID PARCEL CONTAINING 4072.05 SQUARE FEET OR 0.00 ACRES MORE OR LESS. I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COWER COUNTY, INC, THAT AN ABOVE GROUND SURVEY OF THE THE SURVEY AND SKETCH ARE ACCURATE THIS SURVEY MEETS THE MINIMUM TECHN 51617.5 OF THE FLORIDA ADMINISTRATIVE JD THAT Y THAT RULE CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS, FREEDOM FROM ENCUMBRANCES OR CONSTRUCTION SET BACK RESTRICTIONS. ABSTRACT NOT REVIEWED. THIS SURVEY 13 SUBJECT TO EASEMENTS, RESTRICTIONS (INCLUDING CONSTRUCTION SETBACKS) AND RESERVATIONS OF RECORD. CERTIRCAM ,Y AUTHORIZATION No. LS 8782 WANLY ENGINEERINGwPw D.C.N. a.mx RM• I NOT VALID IXAESS EIIBO$SED MIN SEAL rPewm IDpDpq Davi&,"ojmam P.S_M. 55279 www: HPI.TaaeA Preparalbyt Pahkk G, white AWL CoRkr County An'y. 3391 Tamiaml Tell Eaq NapW4 FL 34114 F116# 03 -065 -IF 3082819 OR; 3158 PG; 2481 RICORDID ie O1IICIAL WORDS of COLL211 CON", 1L 11/21/2002 It 10:17AN DWIGHT 1, BROC1, CLIRI RRC 111 37,50 Reta: IINANCIAL ADMIN E HOUSING INTI1011IC1 AM: LAURIN BIARDI403.23381 Tbb opm for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the DefIr ct Fees is entered into this 11 day of , 2002 by gen Collier Con ,�A> litical subdivision of the State of Florida, through its the Bo of 66—r ammissi rs, he in er referred to as "COUNTY," and Habitat for Humanit o C t ,l it a referred to as "OWNER," collectively stated as the " �� RECIT t WHEREAS, Colder Tint 7nance No, 2�-',4!i he Collier County Consolidated Impact Foe Ordinance, as amend a�.ias'it� ay be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3158 PG: 2482 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of seating Aff rdable Housing. v�R cov NOW, THEREFO et� tai eration of'�� oing Recitals, and other good and valuable consideration, th rec tli pafid""gafficienct t+'►u h i hereby mutually acknowledged, the Parties covenant and g _ D 1. RECITALS C ore i g als are true and correct and are incorporated b rence herein. 2. LEGAL DESCR IThe gal desc oEiq the dwelling unit and its site plan (the "Dwelling Unit Tr ae Y �� �t�'A," and is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 5. SUBSE( which is OR; 3158 PG; 2483 payments to purchase and pay for 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 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 $11,612.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by impact fee Unit shall be sold�gfi oto persons or criteria set forth in the Dwelling Unit, the than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee If R sells the Dwelling Unit G to a s b uent purchaser, the Dwelling h meeting the deferral qualifying s/5 the case of sale or transfer by gift of 1 shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2484 Hundred Twelve dollars and 98/100 ($11,612,98). 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, parity with any lien 8. RELEASE OFL ments require, i - clu the expense of tlmel payment, inclu CC �� 9. BINDING EFFE Parties to this Agree taxes. not limited to, Agreement person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the and assigns 10. RECORDING. This Agreem R--shall"6e recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if; a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 3158 PG; 2485 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 deferred 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, thc,(.MMK---may bring a civil action to enforce the NgICC[I1CIIl ��" �6� C. In addi on, die—lienlmay be forec se or otherwise enforced by the -- CO Y ti sl1't_in 1 w uit including the foreclosure of a mortg C� n al rc e ty e - h 1 be entitled to recover all fees and c � including attorney ees, pt r Brest at the statutory rate for judgmenulated on a calen c}a '' until paid. 0 WE, CIlZ% 61 OR: 3158 PG: 2486 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witneuew STATE OF f ) COUNTY OFQ11IRW) The foregoing Agreement 2002, by Samuel J. Durso, M.D, personally known to me. [NOTARIAL S& STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: Habitat for Humanity of �. ColeADu Sam.D., President me this 13— day ofl&AM , lumanity of Collier County, Inc. He is FLORIDA COUNTY MANAGER The foregoing Agreement was acknowledged before me this 9 k day of ho 0 w o 2002, by James V. Mudd, County Manager, on behalfof COUNTY. He is personally known to me. [NOTARIAL SEAL] Lamm Beetd Signature of Person ng Acknowledgment �'� : commiaioa GDI590it4 c Exptrm• Oat 24, 2006 i' , Aarl9911" t 0 ern n++��, � Approved as to form apd R otnmend Approval 1 sum , I '(34� Patrick G. White Denton Baker, Interim Director Assistant County Attorney of Financial Administration & Housing 6 OR: 3158 PG: 2487 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 54, 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 F Type of Impact Fee �0 A. EMS Impact Fee B. Correctional Faci de I C. Library Impact F �1 D. Parks Impact Fee; E. Educational Faciliti y F. Road Impact Fee �A G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES em impact Fee ZI;ow, P[iWPmnuaAgrcc"ts/Afnlagol100% Dektrel Agrcomot (0®1602 1012) 7 Jy916$5.00 � $2,690.00 $2,840.00 $11,612.98 MACT D-3 (DRAINAGE) V IInJ+ BOUNDARY SURVEY*** OR; 3156 C2 C3 86.00' 24606'17' 30.76' 880.00' 00`19'47' 4.06' SHOWN. 1929. ELEVATION 7.0. LEGAL DESCRIPTION: TLOT HE 64. BLOCK OF COWER COUITAT NTY, SUBDIVISION SAID PARCELDED IN CONTAINI GT 46036° SQUARE K 37, PAGES 48 pR 09 OF ACNES MORE OR LESS. I HEREBY CERTIFY b: HABITAT FOR HUMANITY OF COWER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION AND THAT THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF.I FURTHER CERTIFY THAT THISAMINIMUM MIN NUUM TgCH CALSTANDARDSIN SECTION 472.027, FLORIDA STATUTES AS PER RULE 70 OR THE FLORID CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CERTIFICATION OF TITLE. ZGMINO, 2ASSHENTS, FREEDOM FROM ENCUMBRANCES OR CONSTRUCTION SET BACK RESTRICTIONS, ABSTRACTNOT REVIEWED, THIS SURVEY IS gUBTECT TO EASEMENTS, RESTRICTIONS (INCLUDING CONSTRUCTION SETBACKS) AND BI4 OV4TIONS OF RECORD. CEROFICATE 9F AUDMZA0ON No. L2 5702 WANLY ENGINEERING "'""°"` °'°m "' "°' "A°° °""� `"°°�`°.0 mw ...... D"Wd!C:�HeTm►n, p.g.k /6279 bra- aoo*7 .rre : r Ono s a A CHORD BEARING 71AW 914'02'07'11 00.60' SIvI2'60'E \ 4.96' N28'08'06'II 1929. ELEVATION 7.0. LEGAL DESCRIPTION: TLOT HE 64. BLOCK OF COWER COUITAT NTY, SUBDIVISION SAID PARCELDED IN CONTAINI GT 46036° SQUARE K 37, PAGES 48 pR 09 OF ACNES MORE OR LESS. I HEREBY CERTIFY b: HABITAT FOR HUMANITY OF COWER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION AND THAT THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF.I FURTHER CERTIFY THAT THISAMINIMUM MIN NUUM TgCH CALSTANDARDSIN SECTION 472.027, FLORIDA STATUTES AS PER RULE 70 OR THE FLORID CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CERTIFICATION OF TITLE. ZGMINO, 2ASSHENTS, FREEDOM FROM ENCUMBRANCES OR CONSTRUCTION SET BACK RESTRICTIONS, ABSTRACTNOT REVIEWED, THIS SURVEY IS gUBTECT TO EASEMENTS, RESTRICTIONS (INCLUDING CONSTRUCTION SETBACKS) AND BI4 OV4TIONS OF RECORD. CEROFICATE 9F AUDMZA0ON No. L2 5702 WANLY ENGINEERING "'""°"` °'°m "' "°' "A°° °""� `"°°�`°.0 mw ...... D"Wd!C:�HeTm►n, p.g.k /6279 bra- aoo*7 .rre : r Ono Pnttered by; P*W& G. white AWOL Collier County Attly. 3301 Tam4ml Trail Fral Nrpter, FL 34112 FIIe# 03477 -IF 3082878 OR; 3158 PG; 2473 RICORDID ie 011ICIAL NICORDS of COLLAR COB", 1L 11/21/2002 at 10:17AK DNIGH2 I, BROCI, WIN RIC 111 37.50 IOU: 1INANCIAL ADMIN A HOUSING INIRROIIICI A"N; LAURIN BIARD)t03-2338) This spwe for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defecl3tf�f,[$t)i j act Fees is entered into this U day of "I\6V.Pro�VxA , 2002 by d �9v�-� n Collier Cou'n , .%iner cal subdivision of the State of Florida, through its the Bo o C-Cbmmissi�ets, h referred to as "COUNTY," a✓ and Habitat for Humani o lq"'f nom, afte referred to as "OWNER," collectively stated as the " p ji _ E -q a RECITAL WHEREAS, Collier Ordinance No. 2 -I� he Collier County Consolidated Impact Fee Ordinance, as amend ay be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3156 PG; 2474 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, valuable consideration, the the Parties covenant and 1. RECITALS incorporated by kt nee herein. 2. LEGAL DESCRk�,�Tbel egal (the "Dwelling Unit")) t�� herein. Housing. of tib %isereby Recitals, and other good and =X P� whit mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR; 3158 PG; 2475 payments to purchase and pay for 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 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 $11,612.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by OW -NE "k -until later than the expiration of the TERM, OWNER housin Z mI Ordi an 5. SUBSEQUE which is subjec `td� he Unit shall be sol criteria set forth in th r the Dwelling Unit, the to comply with the affordable detailed in the Impact Fee R " f ER sells the Dwelling Unit 9 E� apact fee def rf to a s J uent purchaser, the Dwelling to persons or t sg eeting the deferral qualifying tl-F)eg Orliyyn---e i e case of sale or transfer by gift of wi6iff - R shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2416 Hundred Twelve dollars and 98/100 ($11.612.98). 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, parity with any lien C 8. RELEASE OF LIf requirements, i clu i the expense o h payment, inclu 'ii 9. BINDING EFFEQ¢ Parties to this Agreeenn 10, RECORDING. This not limited to, Agreement person, except that this lien shall be on �d of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the and assigns recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 3158 PG; 2477 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (l) 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 deferred 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, th�,PVNTY,—maty bring a civil action to enforce the Agreement. c, In addry n,%�h lien �nay_be oreclo ed, or otherwise enforced by the COUN, �b�ytdonui�i la �r ,� ity including the foreclosure of a be entitled to recover all fees and cos'E�,�ipcluding attorneys'lyses, OIu,c J#h brest at the statutory rate for on a calendar21a�vW(9'until paid. 5 OR; 3158 PG; 2478 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: STATE OF V ( _) COUNTY OF LQ111W) The foregoing Agreement was 2002, by Samuel J. Durso, M.D., Pli personally known to me. /j,, [NOTARIAL STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: Habitat for Humanity of Collier Counw, Inc. Samuel trso, M.D., VWsident o me this 4-3— day of d� , Humanity of Collier ounty, Inc. He is E-4 , FLORIDA C#7 r 1 The foregoing Agreement was acknowledged before me this 2.[_ day of 7AC�v U O , 2002, by James V. Mudd, County Manager, on behalf oft COUNTY. He is personally known to me, a [NOTARIAL SEAL) Signature of Person ng Acknowledgment Approved as to form Patrick O. White Assistant County Attorney IAA= J. Beard Comma "11)1)159084 Exphm:Oct 24,2006 6adtl Zhu Atlwie 00aft Co., hu R ommend A proval Denton Baker, Interim Director of Financial Administration & Housing OR: 3158 PG: 2479' EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 55, 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 Type of Impact Fee Owed C) A. EMS Impact Fee �_ $ •00 B. Correctional Fac' iti t $ 2 8 C. Library Impact eg _ 4 D. Parks Impact Fee 1,1 cch�ro E. Educational Facilit tem Impact Fee 1,78 F. Road Impact Fee , 85.00 CAV" - G. Water Impact Fee $2,690.00 H. Sewer Impact Fee $2,940.00 TOTAL IMPACT FEES $119612.98 POWFwM&Agrc mm1A/Af N%8n/100% Defeml Agreen"t(0816021012) 7 BOUNDARY SURVEY*** 0 : 3158 G: Cxx-CURVE DATA CURVE RADIUS DELTA LENGTH CHORD BEARING / C1 86.00' 27`18'43' 40.47' 40.00' 311.28140"11 C2 66.00' BO'38'12' 77.37' 71.16' 314.02'07"W / I lb e I' LOT 57 BLOCK "A" 0 �e / < TRACT D-3 \ (DRAINAGE) \\ 2 \ *J '.: Nil .nrmr N �;!1 u . onrA. octan \ vii : lata aw'r4ue�mme�a w1w \\ � \\ w. • R 4/Y Icer rM or1� u arc car . rrwom rreaea wrumn \ u . Lacuna who 6eu \ . p . rl� iA u of Ow 110' NOTES: /FULLER LANE TRACT "R i'/ 60' RIGHT—OF—WAY,/ (A.E., D.E. AND C.U.E.) IAT 68 BLOCK "A° , i UTILITY EASEM6NTX FULLER LANE TS ARE EXISTING UNLESS OTHERWISE NOTED. SIGNED AND SEALED TO THE DATE OF FIELD WORK AS SHOWN. TN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1820. 180067 0606 D INDICATES THAT THE PROPERTY IS IN ZONE "AE', ELEVATION ABED ON THE RECORDED PLAT LISTED BELOW. IBR SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. im 7.0. LEGAL DESCRIPTION: IAT 66, BLACK "A" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PAGES 43 AND 40 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 4764.73 SQUARE FEET OR 0.11 ACRES MORE OR LESS, I HEREBY CERTIFY 1o: HABITAT FOR HUMANITY OF COWER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION AND THAT THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF, I FURTHER CERTIFY THAT THIB SURVEY MERTS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.027, FLORIDA STATUTES AS PER RULE 61017.8 OF THE FLORIDA ADMINISTRATIVE CODE. CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CERTIFICATION OF TITUE. ZONING, EASEMENTS, FREEDOM ENCUMBRANCES AE TRTS(NLUNOSTUIOSETDSVAT� [a SBBJEECT To M5.REESICIONICLDIGCNRCTN BACKS RERYIONS F RECORD. CERTMICA6: W AU610RILAY(N No. LB 6762 WANLY ENGINEERING "' °'° )0 �: "'", )WIMP; E°It pem AND DESIGN INC. ■■■► wn, oemwa aooa „�,..,1J/*� Prepared Dirt PRUI& G. White Aee'L Cotikr Cn"- Any. 2M1 TAMINW Tftu V" Napkk FL 31112 Filen 03-0784F 3082877 a 3158 M 2465 000UID iI MUIR HCOIDI Of CottI' COUM' It 1112112002 at WPM OIIM 1. Mat CNII 111 11.50 Iota: IIIAICIAt ADKII i 100IIIG IM10111cl ARM: LAU"I IIAID(103-2138) 11b apace for record og AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the De n. � act Fees is entered into this 0 day of 2002 by �ee�ier Couit ,eA litical subdivision of the State of Florida, through its the Bo o i 6V9Zt Cbmmissio ers, he in er referred to as "COUNTY," and Habitat for Humanit oo�q�f a referred to as "OWNER," collectively stated as the " +CJI /} 1� WHEREAS, Collier it Ordinance No. 2 i fhe Collier County Consolidated Impact Fee Ordinance, as amend fas�0'i may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing Department; and WHEREAS, the County Manager, or his designee, has reviewed the O'WNER'S application and has found that it complies with the requirements for an affordable housing 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3158 PG: 2466 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support NOW, valuable consideration, the Parties covenant and 1. RECITALS incorporated by`%(bfence herein. Housing. Recitals, and other good and mutually acknowledged, are true and correct and are 2. LEGAL DESCRT� welling The legal descript}�dt(9lthe dwelling unit and its site plan (the "DUnitt'77 stt hed jjl�i� vA�," and is incorporated by reference herein. 3, TERM, The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 04 OR; 3158 PG; 2467 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 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 $11,612.98, as set forth in attached Exhibit "B," incorporated by reference; and e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by LI Finn r later than the expiration of the TERM, OWNER r enants s to comply with the affordable housity i act-fee-dgferral gt}�ttficatlpn c 'teria detailed in the Impact Fee 5. SUBSEQUEN S R�� � If W R sells the Dwelling Unit which is subjec a impact fee defe I to a sibs uent purchaser, the Dwelling Unit shall be solh to persons or houd"smeeting the deferral qualifying criteria set forth in the '49t, ee-Orditt eS° the case of sale or transfer by gift of �f e�� the Dwelling Unit, the orig�OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to he utilized for that purpose during such period, the full amount. of the deferred impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2468 Hundred Twelve dollars and 98/100 ($ll 61298) 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, parity with any lien 8. RELEASE OF requirements, i clu the expense of the payment, includ Y 9, BINDING EFFE Parties to this Agrei not limited to, Agreement person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the assigns 10. RECORDING. This Agneement'shalliie recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable !rousing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. 4 OR; 3158 PG; 2469 12. REIVIEDIES. 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 deferred 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, the GOTeM; m@Y bring a civil action to enforce the Agreement. c. In additi# Sl%-11en--Ipay be foreclo*, \9r otherwise enforced by the 0 the foreclosure of a be entitled to recover all fees and cosif�kcluding attorneys'15es, Olus/iJ�rest at the statutory rate for d on a calendai�Kio ' mil paid. T 1 C[�� 5 OR; 3158 PG; 2470 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: 1c-1 l STATE OFF�) COUNTY OF _C0 ) The foregoing Agreement 2002, by Samuel J. Durso, M.D. personally known to me. (NOTARIAL rn .)'-7— r� STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: Habitat for Humanity of Collier Co nty, Inc. Samu . Durso, M.D., President me this t day ofN-6V-6kbf ,,, , Humanity of Collier County, Inc. He is n ing Acknowledgment E� FLORIDA 1. COUNTY MANAGER The foregoing Agreement was acknowledged before me this :3 % day of int s, Nat, , 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to [NOTARIAL SEAL] Signature of Person ng Acknowledgment Lauren J. Beard ' '.CommialmADDIM4 •- tixp1m: Oct 24, 2006 onim n„n ` Approved as to form and Aartle" tftco, °tkec mmend AP royal g suffic' Patrick G. White Denton Baker, Interim Director Assistant County Attorney of Financial Administration & Housing OR; 3158 PG; 2471 EXHIBIT "A" LEGAL Habitat for Humanity of Colder County, Inc. Lot 56, 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, Type of Impact Fee 0 A. EMS Impact Fee B. Correctional Faci iti Into C. Library Impact F D. Parks Impact Fee: Y B. Educational Faciliti p F. Road Impact Fee 0-� G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES E Mff "B" R co $ ,19 I Impact Fee J, cr $2,690.00 $2,840.00 $11,612.98 P0WFomu&Apeemen1.-JAffHs6N10()% Det'nn1 Apftm l(0616021012) 7 BOUNDARY SURVEY*** OR; 3158 PGI ?472 / Cxx—CURVE DATA // R CURVE RADIUS DELTA LENGTH CHORD BEARING / e Cl 06.00' 21'13'11" 43.36' 42.BB' S3B•43'37"N / C2 00.00' 80'30112" 77.37' 71.16' S14.02'07"W / �Ilk lb i i oA�e Qyc�6 LOT 57 OO¢FQpG`t , pjQ ��Q1/ / A BLOCK "A" / 40 LOT 56 BLOCK "A" / < b TRACTD-3 i E491. \\ (DRAINAGE) _ - —�..,, \\®� BLOCK _ING LIN \\ X77 2 N1R I CO CRETE VA Y CU LEGEND e0i : m m mvnLL ■ VA : nw1uiLONOW " eioo•i am u. a m\\ \ \ IAT Av.. ar An• 6n6 ra rtuem u OW \ r'a 1 BLOCK SOM MOW O ouein wnum:r �' \ .. . o moi. WQ xou \ Ci ni : q�irtM Foxe u t \ �o' j'L13].1c.(ffl Y EASEMENT 0"= � +�+ FULLER LANE TRACT 21a WIN 60' RIGHT—OF—WAY \ NOTES: (A.E., D.E. AND C.U.E.) ADDRESS: 12129 FULLER LANE ALL IMPROVEMENTS ARE EXISTING UNLESS OTHERWISE NOTED. HIS SURVEY IS SIGNED AND SEALED TO HE DATE OF FIELD WORK AS SHOWN. ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1929. FIRM, PANEL No. 120067 0000 D INDICATES THAT THE PROPERTY IS IN ZONE "AE", ELEVATION 7.0. BEARINGS ARE BASED ON HE RECORDED PLAT LISTED BELOW. CONTRACTOB/OWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS, ONLY EASEMENTS ON RECORDED PIAT OR HOSE FURNISHED SURVEYOR ARE SHOWN HEREON. LEGAL DESCRIPTION: IAT 06, BLACK "A" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PGT BOOK 37, PAGES 48 AND 49 OF HE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 4717.66 SQUARE FEET OR 0.11 ACRES MORE OR LESS. 1 HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. ION AND THAT TTHE SURVEY AND SKETCHSARBE ACCURATE TO HE REST OF MYABOVE DESCRIBED KNOWLEDGE ANDPERTY WAS MADE BELIEF. I FURTHER CERTIFY THAT HIS SURVEY MEETS HE MINIMUM TECHNICAL STANDARDS IN SECTION 472.027, FLORIDA STATUTES AS PER RULE 61017.6 OF HE FLORIDA ADMINISTRATIVE CODE, CERTIFICATION IS ONLY FOR HE !.ANDS AS DESCRIBED, IT IS NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS, FREEDOM FROM ENCUMBRANCES OR CONSTRUCTION SET BACK RESTRICTIONS, ABSTRACT No REVIEWED. HIS SURVEY IS SUBJECT TO EASEMENTS, RESTRICTIONS (INCLUDING CONSTRUCTION SETBACKS) AND RESERVATIONS OF RECORD. CERTInCATE OF AVMORIIAnON No. Gi 6762 WANLY ENGINEERING ��----'°="� ",a�t2)H m6SS n,P3M. 06270 "m Prep.red srt 14trkk G. White Ard4 Caller County Alt'y. 3301 TuuYmi TMH Icier Nttple5 19.34113 FW 03MI-IF 3082814 OR; 3158 PG; 2441 RICORDID in 0111CIAL WORDS Of COLLAR COMM, IL 1112112002 at 10:17AN DWIGHT 1, BROC1, CL1R1 Ric III 37.50 Rata, IINANCIAL ADMIN k HOUSING IMIOPPICI AM: LAURA BIAU(403-2331) This spare for ecmaee AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the DSfet�'a{yf 009k b�, 2002 by tic t veew e Collier Florida, through its the Bo C� — 'Commise and Habitat for Humani v r /(°pbp , P collectively stated as the WHEREAS, Collier C,861ply�Ordinance No. Impact Fee Ordinance, as Fees is entered into this Li day of subdivision of the State of referred to as "COUNTY," referred to as "OWNER," Collier County Consolidated may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3158 PG; 2442 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support NOW, THEREFO , iry1c valuable consideration, the rec pt� the Parties covenant and a ree of 1. RECITALS IN i R incorporated by pcc 2. LEGAL DESCR l (�4 (the "Dwelling Unit") is herein, Housing. of the1gf , '!ng Recitals, and other good and :y A whicckis\ ereby mutually acknowledged, are true and correct and are herein. legal dep�6q f the dwelling unit and its site plan and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly F1 5. which is OR; 3158 PG; 2443 payments to purchase and pay for 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 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 $11,612.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by impact fee Unit shall be sold,(,Qhly to persons or criteria set forth in later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee llf NER sells the Dwelling Unit a s b uent purchaser, the Dwelling M, t t , meeting the deferral qualifying Ithe case of sale or transfer by gift of the Dwelling Unit, the origin' OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full or until the conditions set forth in the impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the deferred impact fees shall be immediately repaid to the COUNTY, 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of deferred impact fee shall constitute and he a lien on the Dwelling Unit in the amount of Eleven Thousand Six KI OR; 3158 PG; 2444 Hundred Twelve dollars and 98/100 ($(161298)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, parity with any lien 8. RELEASE OF requirements, i 1w the expense of he payment, includ 9. BINDING EFFE Patties to this Attrei not limited to, Agreement person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the assigns 10. RECORDING. This Agreemefi -shall-be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 3158 PG: 2445 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 deferred 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, the qOV- F y:T -mqy bring a civil action to enforce the c. In addition,/(Ike--lien-\maybe forecl�ced,\or otherwise enforced by the and x including the foreclosure of a .l be entitled to recover all fees at the statutory rate for on a calendrar`dety tdN4 until paid. 5 OR; 3158 PG; 2446 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: STATE OF fN T) COUNTY OF _Co IRN") The foregoing Agreement was 2002, by Samuel J. Durso, M.D., personally known to me. /, 0"} [NOTARIAL 9� STATE OF FLORIDA) COUNTY OF COLLIER) ••Q5111 I Habitat for Humanity of Collier Cou In Samue rso, M.D., President me this L3— day of lVo, Iumanity of Collier County, Inc. He is COUNTY The foregoing Agreement was acknowledged before me this 01 day of 2a ,c�yim_�e 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL] Laum J. ignature of PersowTaKing Acknowledgment "� 4. Commitd noe Approved as to form and e suffi i cy: Patrick O, l lite Assistant County Attorney Approval Denton Baker, Interim Director of Financial Administration & Housing OR; 3158 PG: 2441 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 59, 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" IMP/ACCq T FEE BREAF Co JA Type of Impact Fee 0' A. EMS Impact Fee $. Correctional Fac' itie C. Library Impact D. Parks Impact Fee C d E, Educational Facilit b F. Road Impact Fee 0d G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES Impact Fee 1-YL'- $2,690.00 $2,840.00 $11,612.98 PaWPoMU&A9r Mfltx/AftHsW100% Def6W Agro mmt (081602 1012) V� NOTES: 6): 61721 BOUNDARY SURVEY*** OR; 3158 PG; 2448 LOT 81 BLOCK "A" LANE EXISTING UNLESS AND SEALED TO CONSTRUCTION C2 1130.83' 02059155" 59.19' 59.18 : NOTED. IF FIELD WORK AS SHOWN, GEODETIC VERTICAL DATUM, 1029. E PROPERTY IS IN ZONE "AE', ELEVATION 7.0. D BELOW. ONLY EASEMENTS ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. N47'O9'44'B LEGAL DESCRIPTION: LOT 09, BLACK 'A' OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PAGES 46 AND 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 4034.34 SQUARE FRET OR 0.08 ACRES MORE OR LESS, I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. WAS MADE UNDER MY DIRECTION AND THAT ME AND BELIEF. i FURTHER CERTIFY THAT 72.027, FLORIDA STATUTES AS PER RULE CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CERTIFICATION OF CT FREEDOM FROM N(CUBACK OONITENCUMBRANCES REWMICTIO3IINLDING CONSTRUCTION SETBACKS D I R flmC IE Of' AUTIGPo2ATW No. LB 6792 WWD.C.N. NI6001A VA NOT VALIO'UNLESS EN" �Ep MITI SEAL 6 pODDpI DAVp} oloun; P.3,M. 15279 Ma MOV== 01 4001 14�f� . govw ow 600«: Pmp red byt 14t" G. white Ass% CoWv County. Att'y. 3311 Tamkm1 Trna B.a P4pks, !L 31112 Filelf 03wN2-1F 3082813 OR; 3158 PG; 2433 HCOIDID in OtIICIAL IICOIDS of COLLIII COUNTY, TL 11/21/2002 it 10:17AN DWIGHT 1. SIOCI, CLIII AIC TII 31.50 Aet0; YINANCIAL NOMI A HOUSING INTIIOITICI ATTN: LAURIN SIRD403.2338) Tlhb spam for radd** AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defe� 'i�n.i , •_ 2002 tdweenCollier Florida, through its the Bo t� yCommis<and Habitat for Humani o4 xf hkl collectively stated as the WHEREAS, Collier ti0j)Q0rdinance No. Impact Fee Ordinance, as time, hereinafter collectively referred to as Fees is entered into this 13 day of subdivision of the State of referred to as "COUNTY," referred to as "OWNER," Collier County Consolidated be further amended from time to Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and I OR: 3158 PG: 2434 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support NOW, THEREFORE valuable consideration, the cc' the Parties covenant and a reea 1. RECITALS IN D( [ j� incorporated by Cfj� nc 2, LEGAL DESCR C (the 'Dwelling Unit") h herein. Housing. of tho %ing Recitals, and other good and f whic ereby mutually acknowledged, are true and correct and are herein. The legal descript d 10 he dwelling unit and its site plan tt 11q 14tc i 'v A," and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly K 5. SU13SEC which is OR; 3158 PG; 2435 payments to purchase and pay for 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 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 $11 Al2.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by impact fee Unit shall be solil�*IK to persons or criteria set forth in the Dwelling Unit, the later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee �If �� NER sells the Dwelling Unit a quent purchaser, the Dwelling iql/ meeting the deferral qualifying the case of sale or transfer by gift of shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2436 Hundred Twelve dollars and 98/100 ($11 61298) 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, parity with any lien 8. RELEASE OF L requirements, i clu the expense of t payment, includ 4, r 9. BINDING EFFE Parties to this Agrei taxes. not limited to, Agreement person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the and assigns 10. RECORDING. This Agreement sh9f be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if. a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 3158 PG; 2437 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 deferred 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, the,,WTSM,—,max bring a civil action to enforce the Agreement. c. In additic(n, ;Ke,-4ien--m.ay be foreclo ed,�or otherwise enforced by the 0 the foreclosure of a be entitled to recover all fees and cosV,,:,j4cluding attorneys*es, �lu�414t�rest at the statutory rate for on a calend42l40(ts°,i$/until paid. C11".. 5 OR: 3158 PG: 2438 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written, Witnesses: �1%!J COUNTY The foregoing Agreement 2002, by Samuel J. Durso, M.Dr, personally known to me. /( [NOTARIAL m1andc STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: Habitat for Humanity of 40` Collier C Inc, Samu . Durso, M,D., President me this 2— day of Vft , lumanity of Collier County, Inc, He is Acknowledgment , FLORIDA COUNTY MANAGER The foregoing Agreement was acknowledged before me this 'Is 1 day of '-f\ou x yk)ao— , 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. (NOTARIAL SEAL] Signature CikinAcknowledgment Lauren J Beard c : Comei "10D1S90t1 •:BxpIm Oct 24, 2006 aaadid7Tcu Approved as m fo an A*Atl°�c0�t10 Rec mmend Ap royal "SOsuf 'enc hm- Patrick G. White Denton Baker, Interim Director Assistant County Attorney of Financial Administration & Housing OR; 3158 PG; 2439 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 60, 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 Colder County, Florida. EXHIBIT "B" IMPACT FEE BREAD Type of Impact Fee 0` A. EMS Impact Fee B. Correctional Fac'(iltil %ICo C. Library Impact eek 1 D. Parks Impact F IC ,� E. L'� Educational Facilit c`6 F. Road Impact Fee G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES impact Fee $ I CA, pdWpgm,&Agrcemen1s/A0Ns8n1100% Dekrtd Ap=e t(0816021012) 7 Awed $2,690.00 $2,840.00 $11,612.98 BOUNDARY SURVEY*** OR: 3158 PG: 2440 s . LOT 82 BLOCK "A" / Cxx-CURVE DATA NOTES: CS 1130.93' 02'59'54' 59.10' 59.18' N44'09'50"E ADDRL98: 18113 FULLER LANE ALL IMPROVEMENTS ARE EXISTING UNLESS OTHERWISE NOTED. THIS SURVEY IS SIGNED AND SEALED TO THE DATE OF FIELD WORK AS SHOWN. ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM. 1929. FIRM. PANEL No. 120057 0805 D INDICATES THAT THE PROPERTY IS IN ZONE "AE', ELEVATION 7.0. BEARINGS ARE BASED ON THE RECORDED PLAT LISTED BELOW. CONTRACTOR/OWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. ONLY EASEMENTS ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. _ LEGAL DESCRIPTION: IAT 80, BLOCK "A" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PAGES 48 AND 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 4034A4 SQUARE FEET OR 0.09 ACRES MORE OR LESS. I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WA9 THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472, $1017.8 OF THE FLORIDA ADMINISTRATIVE CODE. CERTIFICATION IS ONLY FOR THE FREEDOM FROM ENCUMBRANCES 15 SUBJECT TO EASEMENTS, RES1 MADE UNDER MY DIRECTION AND THAT AND BELIEF. 1 FURTHER CERTIFY THAT 027, FLORIDA STATUTES AS PER RULE 1M' i mrmXn m`. -77L• t Xnit X0014 ) AND RESERVATIONS OF HL=RD. CERTIMATE OF AVTHOAI".ATFON N0. LB GM NOT VAUO UNLEb'9. tIXBOSSED WIN SEAL Dahl: C,�ijolman, P.SX 08279 3082890 OR; 3158 PG; 2569 IUCORDID it 011ICIAL RICORDS of COLLIIJ CON", 1L PrqwW Mt 11121/2002 at 10:17AN DNIGIT 1. HOCI, CUB Nnicic (i. White RIC 111 37.50 Ar'L comer coauty Atey. Jett. 3301TAMINdTmuEaet 1IWCIAL ADMIN E HOUSING Ngdo4 PL 34112 I"11011ICI ATTN; LADIIN BRAID(103-2330) F&O 03.054•IF "is epoce for recorvi ft AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the De er)ff�`— A , ct Fees is entered into this A.; day of , 2002 by iwee'n�CcJllier Co'1i� Vf?y� �litieal subdivision of the State of Florida, through its the Bo o C -� Zommissjo ets, rein fter referred to as "COUNTY," and Habitat fbr Human' y f V-01ijAe 0 1 , ti iI aft referred to as "OWNER," collectively stated as the LL ] E-� WHEREAS, Collier Mdu 4 Ordinance No. 2 (the Collier County Consolidated Impact Fee Ordinance, as amendea may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and I OR; 3158 PG; 2510 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support NOW, THEREFO �u valuable consideration, the the Parties covenant and a ree a 1. RECITALS I incorporated by nc 2. LEGAL DESCR (the "Dwelling Unit") herein. Housing. of rileooing Recitals, and other good and 4jgf which is ereby mutually acknowledged, are true and correct and are herein. The legal descrip�r n(o he dwelling unit and its site plan a € > ij�+3't ' A," and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 5. SUBSK which is OR: 3158 PG: 2511 payments to purchase and pay for 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 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 L L 612.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by impact fee Unit shall be soI44 ly to persons or criteria set forth in the Dwelling Unit, the later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee sells the Dwelling Unit a �u quent purchaser, the Dwelling meeting the deferral qualifying the case of sale or transfer by gift of shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2572 Hundred Twelve dollars and 981100 ($1161298) 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 be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, parity with any lien Ili 8. RELEASE OF II requirements, in lud" the expense of he payment, includi;, 9. BINDING EFFE Parties to this Agreen 10, RECORDING. This not limited to, a Agreement er person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the assigns recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 3158 PG: 2513 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 deferred 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, the _QQVN-TY_-may bring a civil action to enforce the Agreement. c. In additiob, Oh,—Lien-spay be foreclosed,\or otherwise enforced by the the foreclosure of a be entitled to recover all fees and coskX;jigcluding attorneys fpDs, }plus/,i-4torest at the statutory rate for on a calendifA4,6#4ontil paid. ? j��r i 3 OR; 3158 PG; 2574 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: STATE OF COUNTY OF .��) The foregoing Agreement 2002, by Samuel J. Durso, M.D. personally known to me. f (NOTARIAL 10 STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: Habitat for Humanity of Collier Count c. Samuel J. Ddrio, M.D., President me this fl� day of 1#h Y iumanity of Collier County, Inc. He is COUNTY The foregoing Agreement was acknowledged before me this Q_ day of " V es „ las 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. 4 [NOTARIAL SEAL]dl J �� ignature of Pers aking Acknowledgment '+a.� , Cammluin/DDIS9ptt4 `D '= Exptrb: OM 24, 4006 '' y*'. proved as to form and g suffrc' y: ,u& Patrick O. White Assistant County Attorney Approval Denton Baker, Interim Director of Financial Administration & Housing 141 OR; 3158 PG; 2515 EXHIBIT "A„ LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 43, Block A, Habitat Village, according to the plat thereof as recorded in Plat Book 37, Paget 48 through 51, inclusive, of the Public records of Collier County, Florida. EXHIBIT "B„ IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facil' 'es C. Library Impact F D. Parks Impact Fee: E. Educational Faciliti F. Road impact Fee C 0. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES impact Fee Tx C $2,840.00 $11,612.98 POWPmn s&Agreettkttt&1AfMVV100% Dekmd Agreement (0816021012) 7 BOUNDARY SURVEY *** OR; 3158 PG; 2576 M EXISTING 5' CONCRETE SIDEWALK FULLER LANE TRACT "R" 60' RIGHT -OF -RAY (A.E., D.E. AND C.U.E.) _ 3 89'63'32" E 429.03' MING 20' NIDE ASPHALT PAVEMENT 2F— EOY.03 �1 1. ^ 220.00' �—EKTSTING E' WIDE CONCRETE i VALLEY GUTTER 10' PUBLICUTiLITY EASEMENT--�1---_--^^ T�_^--^_—^�--^—^— IAT 45 ( IAT 44 BLOCK "A" BLOCK "A" FT -1,74 TRACT B LOT 43 BLOCK "A" 71 IAT 42 N BLOCK "A" m 0 b 0 TRACT D-3 UNLESS OTHERWISE NOTED, ED TO THE DATE OF FIELD WORK AS SHOWN. MEED ON NATIONAL OEODLTIC VERTICAL DATUM, Ion. NDICATES THAT THE PROPERTY IS IN ZONE "AE", ELEVATION 7.0. ,ORDED PLAT LISTED BELOW. CONSTRUCTION SETBACK RESTRICTIONS. LAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. LOT 41 BLOCK "A" SCALE: I" . 30' LEGAL DESCRIPTION: LOT 43, BLACK 'A' OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PAGES 48 AND 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 3674.00 SQUARE FELT OR 0.08 ACRES MORE OR LESS. I HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COWER COUNTY, INC. THAT AN ABOVE GROUND SURVEY OF THE ABOVE DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION AND THAT THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF.I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.027, FLORIDA STATUTES A3 PER RULE 51017.8 OF THE FLORIDA ADMINISTRATIVE CODE. CERTIFICATION IS ONLY FOR THE LANDS AS DESCRIBED. FREEDOM FROM ENCUMBRANCES OR CONSTRUCTION SET 1E SUBJECT TO EASEMENTS, RESTRICTIONS (INCLUDING 1 CL 07 VAR + iEss =ErB R= 071 a®: V.r. ro7 ATE NAL EW= DAVI�ILolmen, P.$.M. /8875 OCIWiIt 44, 4004 i' . Op• Prepared byt Patrick G. White Asst, Collier County Att'y, 3301 Tpndsnd Trail Fwlt Naples, FL 34112 Filen 03.116 -IF 3153900 OR; 3251 PG; 0025 1100010 ill 01FICIAL 110005 of COLLIII C01MT.', 11 03/20/2003 At 10MAN 0111M 1. 1kOC1, CLIK k1C D1 31.51 kith: FINANCIAL AONIN A 108ING IMF11011IC1 AM: LAh11N BA1h1003-23311 TMs space for recotvagq AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Ile ,� gi;;oE[ttt act Fees is entered into this IS]Lday of 2003 by a en Collier Cots I litical subdivision of the State of Florida, through its the Boar of olumyCem i si ers, h in fter referred to as "COUNTY," and Habitat for Humanit o r , upt fte referred to as "OWNER," collectively stated as the " i n i ( t WHEREAS, Colliermitt Ordinance No. X0`0 0fie Collier County Consolidated Impact Fee Ordinance, as amende® gi34 a�&i be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100°% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3251 PG: 0026 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-201, E. Lb. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, valuable consideration, the the Parties covenant and 1. RECITALS incorporated by nee herein. 2. LEGAL DESCRI N,, The legal (the "Dwelling Unit") h ed- a herein. Housing. Recitals, and other good and is`�ereby mutually acknowledged, are true and correct and are dwelling unit and its site plan and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly K OR: 3251 PG: 0027 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 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 $6,082,98, as set forth in attached Exhibit "B;' incorporated by reference; and e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by 9"ER--�until no later than the expiration of the TERM, R. C(j� OWNS �at�' tees to comply with the affordable housi g i act fee deferral qualifi do criteria detailed in the Impact Fee Or 'ma cc d�uuringjth�a'te of t is A r em nt. 5. SUBSEQUE T fINS E I O NER sells the Dwelling Unit 111 1j E� which is subj �I t ei pact fee rra a quent purchaser, the Dwelling V6 Unit shall be s iply to persons ou meeting the deferral qualifying J criteria set forth in a Fee Ord' a 6 the case of sale or transfer by gift of the Dwelling Unit, the o i E shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 terns of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the deferred 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 released, the dollar amount of deferred impact fee shall constitute and he a lien on the Dwelling Unit in the amount of Six Thousand Eighty - 3 OR; 3251 PG; 0028 Two dollars and 98/100 ($6,082.98), 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 foteclosure 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, mort agge� C��ChIhperson, except that this lien shall be on parity with any lien f axes. y� 8. RELEASE OF -un satisfactor co pletion of this Agreement's requirements, i clu iqg y t`oi the d ferred pct fees, the COUNTY shall, at the expense o the UN i' '1`c�1'("' d�c y di umentation evidencing such payment, inclu i but not limited to, m7retea.e of p . 9, BINDING EFFE is Agreement slt� it he land and be binding upon the Parties to this Agree ���'\\{jt; et )hem irs y s and assigns �Jy+��� 10, RECORDING. This Agreem64--shal h e recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement and the impact fees immediately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified Impact Fee Ordinance 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 plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set forth in Code 4 OR; 3251 PG; 0029 of Laws Section 74-501, B. 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. 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 f --this- reement, then the dollar amount of impact fees deferred�c,!8l d i ill ER to the COUNTY within thirty (30) days f wY�Jten notification of said 'ola 'on. -6 b. Should he WNEiR a ise at tjg aul of this Agreement, and the default s n c red w th n d�ys aft r mailing of written notice to F--4 the O f t e C NTY 0)ay rin civil action to enforce the c. In addition,ft r"Y bgr or otherwise enforced by the COUNTY, by actio�-sun itr aw or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 5 OR; 3251 PG; 0030 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written, Pri ame Print Nam Sr '��6/1-c- STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement w Samuel J. Durso, M.D., Presidentoil known to me. /0 [NOTARIAL SEAL "0111'q IW Juliert j. _,Li",l�\Tr,COL1L1]iSl I]N ] "011, : prl rib COLLIER COUNTY, FLO STATE OF FLORIDA) 4Habit 11H p Af.l✓ollier County, Inc.: / By: S el J. Durso, M.D., President IFs C11W before me this 19 day of March, 2003, by �Ajty of Collier County, Inc.. He is personally Acknowledgment 1 - COUNTY MANAGER COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this -a::i1ay of�n\r, ,�V_ 2003, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. 1 [NOTARIAL SEAL] Signature of Pe aking Acknowledgment wledgment MY Lateen J. Beard =? " Commission #DDI54084 =•' v •5Expires:OctN 2006 aonded'Rw Atinntin Nandi.. Cn.. 1n Approved as to form and ] •ufficie i cy: Patrick G. rite Assistant County Attorney Denton Baker, Interim Director of Financial Administration & Housing 0 OR: 3251 PG: 0031 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 49, Carson Lakes Phase II, according to the plat thereof, as recorded in Plat Book 39, Pages 77 and 78, of the Public Records of Collier County, Florida. EXHIBIT'B" IMPACT FEE BREAKDOWN Type of Impact Fee0)�� A. EMS impact Fee B. Correctional Fact itie, Impact e✓ _ C. Library Impact e� 0 D. Parks Impact Fee )C+ E. Educational Facilit' stem Impact Fee F. Road Impact Fee 1 {� . �T_1,,,r TOTAL IMPACT FEES T-1ELCII�, PGWF4mns&AgreemenWAfMsgn1100% Werra] Agreement (030703 1100) F] $ll Owed Nol I 1 1 SNI lei E I I Y i I 1 A.K. M.00J.O.00N ' j N I I N F 1 I p I � I ( t6gll j n@ fl (Z l•YI� p l L 1 r N D � I .OL'Lfl M.09,LCOON 1 I r 1 b I R W L P a b � IE C1- is, 1- 7B sa y} iys x %: OOVC A y A� O Gto"' � Ri,1,0 �F{I Y i i N �p r. P u�N N.' i "$ y " Im" ""��"�tI a f Jill t kill(1.E IfI its IN lilt q F ii "t 3 bit YY n� 4 4 4 Prepared by: Mick G. White Are't, Collier County Att'y. 3301 Tamlaml Tall East Nsplu, t't. 34112 File# 03.117 -IF 3153901 OR: 3251 PG: 0033 IICOADID Ln OPIUM AICOW of COLLIAI COIItt, rL 03/20/2003 at 10:10AN DIIG" 1, awl, CL111 13C "1 31.51 Iota: IIIAICIAL ADMIN A NOOSING IM10III0 AM: U1111N /IAID(403-2333) This span for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Deferral- �4� act Fees is entered into this day of r n .mob 2003 by ee✓n Collier llier oot n litical subdivision of the State of J Florida, through its the Boar of a mtyCommissi-9n rs, he in er referred to as "COUNTY," and Habitat for Humanit of tri t u M fte referred to as "OWNER," collectively stated a., the ((\` /J}} WHEREAS, ColliertMend Ordinance No. 20b 1f' fie Collier County Consolidated Impact Fee Ordinance, as am�4 a�iS��ra�y be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 10096 deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3251 PG: 0031 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-201, E. Lb. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, THEREFO valuable consideration, the the Parties covenantand a 1. RECITALS IN incorporated by 2. LEGAL DESCR (the "Dwelling I herein. co herein. The legal Housing. Recitals, and other good and mutually acknowledged, are true and correct and are dwelling unit and its site,plan " and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 tite following: a, OWNER'S household earnings will not exceed the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly q OR: 3251 PG: 0035 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; Owner is a first -fine, home buyer; The Dwelling Unit is, and will 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 $6,082.98, as set forth in attached Exhibit `B," incorporated by reference; and In return for the COUNTY deferring repayment of 100, of the impact fees owed by OWNER -until no later than the expiration of the TERM, OWNER housin i Ordi ane S. SUBSEQUEN TIZ� which is subjec E� Unit shall be solei criteria set forth in tt overfants4kdVa res to comply with the affordable fee deferral qualific con 'teria detailed in the Impact Fee iRt .tertn of this Aare met. �>RRE�f}�@ vF;IWNER sells the Dwelling Unit npac`f"fee �e tral to as uent purchaser, the Dwelling to persons ortibt�i eeting the deferral qualifying pc ee he case of sale or transfer by gift of the Dwelling Unit, the orilnal-':OYs! "shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 fu!I amount of the deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Six Thousand Eighty - 3 OR; 3251 PG; 0036 Two dollars and 981100 ($6,082.98), 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, parity with any lien 8. RELEASE OF L� requirements, ' cl it the expense o th C( payment, inelu iii bi 9. BINDING E Parties to this Agre tL 10. RECORDING, This person, except that this lien shall be on of this Agreement's fees, the COUNTY shall. at evidencing such not Agreement siorh f the land and he binding upon the heir heirs, 5.?ysjg4 and assigns tiff � A�1(--be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement and the impact fees immediately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified Impact Fee Ordinance 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 plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set forth in Code 4 OR: 3251 PG: 0037 of Laws Section 74-501, B. 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. 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 (1.5) year term; or (2) violate any provisions f -this A reement, then the dollar amount of impact i10 T fees deferred ecrin`f flNER to the COUNTY within thirty (30) days f w1 ttet n notification of said iola 'on. b. Should the OWN E[ Lal e ise in d aul of this Agreement, and the default s n t re w th - ys aft r mailing of written notice to the O E , t e C iJNTY ay nn civil action to enforce the c. In addition, 11 4,`e t�_mo _fCp�l sed, or otherwise enforced by the COUNTY, by action r' uiHn Iaw or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. F OR: 3251 PG: 003E IN WITNESS WHEREOF, the Patties have executed this Agreement on the date and year first above written. Wit ssee Hab' r M^f Collier County, Inc.: Print e N A C.I k By: SpolUel J. Durso, M.D., President Print Na C'! /K %1g/crle— STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was Samuel J. Durso, M.D•, President pq known to me. CSv: (NOTARIAL COLLIER COUNTY, STATE OF FLORIDA) COUNTY OF COLLIER) before me this !-�— day of March, 2003, by Rqy of Collier County, Inc.. He is personally Acknowledgment COUNTY MANAGER The foregoing Agreement was acknowledged before me this _'day of 2003, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taktn cknowledgment Lauren J. Beard Commission #DO159084 Expires: Clot 24, 2006 ?a^ nondedThn, Ap ved as to form and Anemia Bonding Co., Inc leg um: Patrick G. White Assistant County Attorney Rec TT;7v:L Denton Baker, Interim Director of Financial Administration & Housing OR: 3251 PG: 0039 EXHIBIT "A" LEGAL. DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot $0, Carson Lakes Phase II, according to the plat thereof, as recorded in Plat Book 39, Pages 77 and 78, of the Public Records of Collier County, Florida. EXHIBIT `B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee $9 . B. Correctional Facili ies m act Fed j} t_ Nj C. Library Impact Fe( D. Parks Impact Fee: )C-1. Jfff � a E. Educational Facilitie, em Impact Fee F. Road impact Fee 01P TOTAL IMPACT FEES POW Pmms&Agreements/AffHsgN100% W- etmi Agmmem (030703 1100) 7 is C 11- Yg gg r� �W ii CCM � •V9 � �`o ddziW,,�: aao c . dddcu <ddo.: i 0 H 4 8 w I _1 N $ I I f` I O tV I I W QI 1 Vf ytNJ WU W I 16 ml � t i N00'07'68'W 137.26' 3 I lom � 1 1 � e e i 0 H 4 8 Prepared by: Patrick G. White 4't. COilkr County Att'y. N1 Temlew -rn0 rout Naples, FL 94114 Filet! 03.114•IF 3153898 OR: 3251 PG: 0009 11CUDID it 0111CIAL 11COND1 Of COLL111 COIR! R 0312112003 at 10:40AN OIICIT 1. 1NOCN, CN1N arc n1 .11.50 Nita: 1INANCIAL "KIN i 1008110 INT11011I0 A1111: LA11111 11AND403-23311 This apace for recordliq AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defe I f^ -1 act Fees is entered into this Aq%ay of _ , 2003 by an twet�ier Co Gy��p litical subdivision of the State of Florida, through its the Bo of qttntTCQmmi asi ers, h in fter referred to as "COUNTY," and Habitat for Humanit o i u �c� hiel afte referred to as "OWNER," collectively stated as the "I 4i .'� A \1 WHEREAS, Colliert . Ordinance No. x100' 1 ,the Collier Count Consolidated (, y Impact Fee Ordinance, as amende � � �4-; �� ay be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3251 PG; 0010 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-201, E. Lb. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of Em valuable consideration, the the Parties covenant and 1, RECITALS incorporated by to nce herein. 2. LEGAL DESCR 4P The legal (the "Dwelling Unit") it e a herein. Housing. of the'�6 ing Recitals, and other good and ; ,p whic is ereby mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income is defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR: 3251 PG: 0011 payments to purchase and pay for 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 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 $6,082.98, us set firrth in attached Exhibit "B;' incorporated by reterence; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWNER_t_tntil no later than the expiration of the TERM, OWNER housin i Ordi ane 5. SUBSEQUEN T which is subjec` Unit shall be so criteria set forth ilit enafit�'Utf )�es to comply with the affordable fee deferral qua] ific on riteria detailed in the Impact Fee M !//If O NER sells the Dwelling Unit npa r'i ee alt 's uent purchaser, the Dwelling to persons or s It { eeting the deferral qualifying act Fce Ordin e case of sale or transfer by gill of the Dwelling Unit, the 6rlgin4iYdWIPMR' shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Six Thousand EiQhty- 3 OR: 3251 PG: 0012 Two dollars and 98/100,($6.082.98). as set forth in attached Exhibit `B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, parity with any lienP, 8. RELEASE OF Ll requirements, ' cl it the expense o th `.' payment, inclu .id bi 9. BINDING EF Parties to this Agree 10. RECORDING. This person, except that this lien shall be on fon s—ati�sfacio?` cqimplelion of this Agreement's L't bth��e d ferjre�imcfees, the COUNTY shall, at ,21Lt� te+v4" y documentation evidencing such not Agreement - QLVltrt�ti the land and be binding upon the herr heirs, �succ s�fi9 , and assigns ;�rtt ettt SliFl$be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) (lays after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement and the impact fees immediately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified Impact Fee Ordinance 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 plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set forth in Code 4 OR: 3251 PG: 0013 of Laws Section 74-501, B. 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, 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_go-this.,Agreement, then the dollar amount of impact fees (30) dayVof v, ,91cn.nQtification of to the COUNTY within thirty b. Shoul th W E((`d�oth twise be in efa It of this Agreement, and the defaul is of cu difhi i ( ) a s a er mailing of written notice to 11 f� the O � R, the C-OUN'F .may _ n�b civil action to enforce the /0 U/ c, In addition; or otherwise enforced by the COUNTY, by action 'ry-Stitt n law or equity including the foreclosure of a mortgage on real property, The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 5 OR; 3251 PG; 0014 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreemi Samuel J. Durso, M.D., Presid known to me. (NOTARIAL SEAL '01 n", Juliet �. 1PF 6 4 2�• S�UGti 10[I f) a- Exp it 3 A; COLLIER COUNTY, FLO I STATE OF FLORIDA) COUNTY OF COLLIER) Habitat o Collier County, Inc.: By: S el J. Durso, M.D., President x n� me this ]'I— day of March, 2003, 1)y F Collier County, Inc.. He is personal ly 1- Acknowledgment DD, COUNTY E, CA The foregoing Agreement was acknowledged before me this a��day of 1110 tet__, 2003, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL] App ved as to form and legs u ci '4 Patrick G. White Assistant County Attorney Signature of Person aking Acknowledgment Lateen J. Beard Commission NDD159084 Expires: Oct 24, 2006 AeanticBondmgcoi.commend Approval Denton Baker, Interim Director of Financial Administration & Housing M OR: 3251 PG: 0015 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 47, Carson Lakes Phase II, according to the plat thereof, as recorded in Plat Book 39, Pages 77 and 78, of the Public Records of Collier County, Florida. EXHIBIT °'B" IMPACT Type of Impact Fee A. EMS Impact Fee B. Correctional Facili+tiel C. Library Impact F e(.) D. Parks Impact Fee: C' E. Educational F, Road Impact Fee �-< TOTAL IMPACT FEES ccs impact Fee --=— $6,082.98 POWPa is&Agre men6dAftHagnl100% Deicml Agreement(0307031100) 7 1..— Ei _— - -------------------- e p I CARSON LAKES � ( PLAT BOOK 34, PAGES 94-96 ! -------- ,00.0f 00'Of O yI t Im 9� V tl I R i I �lc j`�GGS L 'I 1 m , a r r N E ILI 111 k ❑O ,b�FcZi �i�tkn r,��e1 Y :yiFA RR -{pn' " ' P`� N' ps 3 pir ro " ' 1 �h+.k:� 4 f �1l�As e�111 1:F Irk § !�i e .. ta ppa On d lilt i f ly it Prelrrtd by: Patrick G. White Me%Collier County Att'y. 3XI Tands" Trall Eat Nopire. ". 34112 File# 03.118 -IF 3153902 OR; 3251 PG; 0041 "CORD10 to ONIICIA WORDS of COLL111 mm, It 03/21/2003 at 10;I0AN 011W 1. Atha, CUlt Rete; Ile "1 71.31 11M1MCI11, ADMIN f IN3I10 tm"111C1 AM: 00111 IIA11)(403.23311 Thk "m for rerordl" AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Florida, through its the Bo atz o and Habitat for Humanity of collectively stated as the WHEREAS, Collier impact Fee Ordinance, as Q time, hereinafter collectively referred to as Fees is entered into this �aay of subdivision of the State of referred to as "COUNTY," referred to as "OWNER," L _..L E CA No. 2 0e Collier County Consolidated atttt�i�� ay be further amended from time to i 4`- s ipact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3251 PG: 0042 WHEREAS, an impact fee deferral agreement may he presented in lien of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-201, E.I,b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creatil V NOW, THEREFOR t/d�ifsider valuable consideration, the recfp�-arrd-suf the Parties covenant and re s -Io , 1. RECITALS It O incorporated b rence herein. Housing. Recitals, and other good and hereby mutually acknowledged, are true and correct and are 2. LEGAL DESCRI The legal dekhpf'e; hhe dwelling unit and its site plan (the "Dwelling Unit 0 hed-as t�t t�A," and is incorporated by reference E; CTw herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (.15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR; 3251 PG; 004;1 payments to purchase and pay for 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 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 6 082.98, as set forth in attached Exhibit "B," incorporated by reference: and In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWNER -until no later than the expiration of the TERM, OWNER I l' r housmZnc tmp Ordi di 5. SUBSEQUE TI�f which is subjec �d he Unit shall be solrr� 1 criteria set forth in th the Dwelling Unit, the to comply with the affordable detailed in the Impact Fee of F R7RM� .'/�fER sells the Dwelling Unit npacreal to s uent purchaser, the Dwelling to persons or lh eeting the deferral qualifying R t. ee Ordinane he case of sale or transfer by gift of rngl7taaiSER"shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Six Thousand Eighty - 3 OR; 3251 PG; 0044 Two dollars and 98/100 ($6.082,98), 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, mort gee -or-.o ter person, except that this lien shall be on ' Cc U� parity with any lien f y - axes. 8. RELEASE OF - URon satisfactor cd pletion of this Agreement's requirements, i clu i g_p yBC ro Lh d mp ct fees, the COUNTY shall, at the expense o the C U c dc s ocumentation evidencing such payment, inclu ip but not limited to, lea, e o It 9. BINDING EFFE is AgreementslI t the land and be binding upon the Parties to this Agree ii ' !ir-heirs,,sue and assigns 10. RECORDING, This Agree titent-"Kali- recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement and the impact fees immediately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified Impact Fee Ordinance 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 plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set forth in Code 4 OR: 3251 PG: 0045 of Laws Section 74-501, B. 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. 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 deferred s�1�afict n�I(4NER to the COUNTY within thirty (30) days f len notification of said iota on, b. Should the O NEpth2 ise in d au of this Agreement, and the default s n trdw th n ns aft r mailing of written notice to E� the O �� T e C'OIJN ynay rin � civil action to enforce the c, In addition, ` k1 Aie a Abe f�#��, or otherwise enforced by the COUNTY, by acti�r ui 4'iiN-la ow r equity including the foreclosure of a mortgage on real property. The COUNTY shalt be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. �6] OR: 3251 PG: 0046 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. pts..e it• r of Collier County, Inc.: By: HabS uel J. Durso, M.D., President Print he r�r��A STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement Samuel J. Durso, M.D., Presiden known to me, TC [NOTARIAL MhVS BO yr •;c COLLIER COUNTY, STATE OF FLORIDA) before me this 19 � day of March, 2003, by �n'tyy of Collier County, Inc.. He is persona.ly Acknowledgment COUNTY MANAGER COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this _l`1t1lay of DM o,.,. 2003, by James V, Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL] Ap d as to form and legal of c' 4 Patrick G. White Assistant County Attorney Signature of Person Tatti—ng Acknowledgment Re mmend Appro al I Denton Baker, Interim Director of Financial Administration & Housing 6 OR; 3251 PG; 0047 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 51, Carson Lakes Phase Il, according to the plat thereof, as recorded in Plat Book 39, Pages 77 and 78, of the Public Records of Collier County, Florida. Type of Impact Fee A. EMS Impact Fee EXHIBIT `B" IMPACT FEE BREAKDOWN r��✓ /� Ow B. Correctional Facili ics C. Library Impact Fe /mil { D. Parks Impact Fee: E. Educational Facilitie t F. Road Impact Fee TOTAL IMPACT FEES Impact Fee IE CAV- POWforms&Agminenl:/AlfHsgNl(x)% fkfeml Agreement (030703 1100) 7 --T------- I-- j r O I PI m I I P I.] 8 � O O mcxb 4 �. Prepared by, Patrick G. White Aee'1. Collier County Ait'y, 3301 T"W arni Tall Eest Naples, FL 34111 File# 03.119 -IF 3153903 OR; 3251 PG; 0049 BBCOBDID ift 0111CIAL HCOBDI Of COLLIII COBNf t, BL 03/21/2003 At 10e10AN DNIGSf 1. IWK, CLIBI Be ni 31.51 RAW 1IMCIAL ADMIN i !DOSING IM11011IC1 AM: LAOBIN BIAID(103-2331) This we" for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defeq�af �i act Fees is entered into this 9g aay of )M 0_,A.. 2003 by a d�� eiY%ier Collier IIo t} � litical subdivision of the State of Florida, through its the Bo of unty-Cp tl mu_'ssi4 ers, h in fter referred to as "COUNTY," and Habitat for Humanit o �IIrlek fte referred to as "OWNER," collectively stated as the.. 1 (44 ) RECITA WHEREAS, Collier n y Ordinance No. 0t e Collier County Consolidated Impact Fee Ordinance, as amende ay be further amended from time to 11 time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 I0o % deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3251 PG; 005( WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, THEREFO valuable consideration, the the Parties covenant and a 1. RECITALS IN incorporated by 2. LEGAL DESCF (the "Dwelling herein. herein. The legal Housing. ping Recitals, and other good and i�tereby mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit, During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR; 3251 PG; 0051 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 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 $6.082.98, as set forth in attached Exhibit "B," incorporated by reference; and C. in return for the COUNTY deferring repayment of 100% of the impact fees owed by O�"�i�nQ later than the expiration of the TERM, OWNER covenant atr\� s to comply with the affordable housiq int act -fee -deferral g%liffcat n c 'feria detailed in the Impact Fee 5. SUBSEQUEN NS I ROE If PER sells the Dwelling Unit which is subject e impact fee defe 1 to a s uent purchaser, the Dwelling Unit shall be sol to persons or ho s s meeting the deferral qualifying criteria set forth in the �i a 6 e,-Orrd 1� the case of sale or transfer by gift of the Dwelling Unit, the original OWfV R shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Six Thousand Eighty - 3 OR: 3251 PG: 0052 Two dollars and 98/100 ($6.082.98), 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 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, mor a e or—other person, except that this lien shall be on tyliatW parity with any lien � �ry'taries.-'"�—� � 8. RELEASE OF LI14` N`e---Upon satisfacto\ry� co pletion of this Agreement's requirements, icIn i the expense of the payment, inclu ink b 9. BINDING EFFE Parties to this Agreed 10. RECORDING. This fees, the COUNTY shall, at evidencing such not limited to, Agreement shhal rpthe land and be binding upon the rr heitsYsue p and assigns (� �CJI, ment-shairbe recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement and the impact fees immediately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified Impact Fee Ordinance if: It. OWNER I;tils to dell the bwclliuu g nit in accurd;mre with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set forth in Code 0 OR; 3251 PG; 005"11 of Laws Section 74-501, B. 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. 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 co fees deferred0 }Rat t / rill- ER to the COUNTY within thirty (30) days f w flen-not cation of said ola (On. b. Should the 0 1% Is(} d 'aul of this Agreement, and the default 's n t ore w'th n n `C y, pft r mailing of written notice to rt -1 I Ci the O N� the COUNTY Tgay riq civil action to enforce the c. In addition, or otherwise enforced by the COUNTY, by action of su&itt`raw or equity including the foreclosure of a mortgage on real property. The COUNTY shall he entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 5 OR: 3251 PG: 00511 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Habitat ut ollier County, Inc,: h By: 5 J. Durso, M,D„ President Print Name k-, Ax., /�• r.� STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was Samuel J. Durso, M.D., President -I known to me, d yll� [NOTARIAL ezpim n0 before me this 19 day of March, 2003, )y 4i tX of Collier County, Inc.. He is personally Acknowledgment COLLIER COUNTY, FLO 7°�' B �0�E1D, COUNTY MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) fit, The foregoing Agreement was acknowledged before me this day of 2003, by lames V, Mudd, County Manager, on behalf of the COUNTY. He is personally known t) me. [NOTARIAL SEAL] ,,;M:; Lauren J. BeardSignature of Person Taldeg Acknowledgment <?: CommissionNDD159084 Expires: Oct 24, 2006 ':'+i;;;;ai!:•' Boded Ttw ntlontio BotWmy Ca., Inc Approved as to form and Reco mend Approval legsu tci n •' vc— Patrick G. White Denton Baker, Interim Director Assistant County Attorney of Financial Administration & Housing OR: 3251 PG; 0055 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 52, Carson Lakes Phase II, according to the plat thereof, as recorded in Plat Book 39, Pages 77 and 78, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fees ��✓� wed A. EMS Impact Fee $9. 00 B. Correctional Facil' ies m act e r _1 $117.8 C. Library Impact F _D N¢, D. Parks Impact Fee: E. Educational FacilitiS tem Impact Fee �• F. Road Impact Fee �� _8 .00 TOTAL IMPACT FEES � �--- $6,082.98 P()WFWw&A9MMCnl.,/AONagn/I W* Defeml Agi Mlt (030703 1100) 7 3153906 OR: 3251 PG: 0013 NiCOIDID 11 01IICUL WORDS of c(lum cim", n Prepared hr` 03120/2003 at 10:40AN DIIGIt 1, INOCI, WO PatrkkG. White tic 111 11,51 Asst Collier County Att'y. Iata: 33D1 Tanianl Trail Last 11 MICIAL ADNIN i IONSIIG Naples, FL 31111 IM10111c1 AM: U11111IIAID(l01-1s1t! File# 03.120 -IF This space Por recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING 'Phis Agreement for the Defeal f act Fees is entered into this _Lc) of `111 aAc l.— 2003 by • tg nC011ier Co t��n litieal subdivision of the State of Florida, through its the Bo of outnyCotitmissi ers, h in fter referred to as "COUNTY," and Habitat for Humanit o i w �1 afte referred to as "OWNER," collectively stated as the " i ,.q RE ITA WHEREAS, Collier ` �nt Ordinance No. 2 -II� t a Collier County Consolidated Impact Fee Ordinance, as amended'yay be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3251 PG; 0074 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-20 t, E. Lb, of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain impact Fee Deferral Agreements; and WHEREAS, the impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creating Affrdable Housing. �C0P NOW, THEREFO valuable consideration, the the Parties covenant and a 1, RECITALS W incorporated by 2. LEGAL DESCF (the "Dwelling herein. Recitals, and other good and mutually acknowledged, are true and correct and are herein. The legal descrillt (of (he dwelling unit and its site plan tpal�d�T Kbit�°i A," and is incorporated by reference 3, TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly b. c. d. e. which is OR: 3251 PG: 0015 payments to purchase and pay for 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 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 $6,082.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by Unit shall be so'Irphty to persons or criteria set forth in the Dwelling Unit, the later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee '(I O NER sells the Dwelling Unit a quent purchaser, the Dwelling meeting the deferral qualifying C the case of sale or transfer by gift of shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Six Thousand Eighty - 3 OR: 3251 PG: 0076 Two dollars and 98/100 ($6,082,98), 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, parity with any lien fC, 8. RELEASE OF IE' requirements, i clu • ig the expense of the C payment, inclu 'iia, t 9. BINDING EFFE Parties to this ARree not limited to, tis Agreement except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the assigns 10, RECORDING. This Agreedii m=shall-N recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Horida, within sixty (60) days after execution of this Agreement by the County Manager. 11, DEFAULT, OWNER shall be in default of this Agreement and the impact fees immediately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified Impact Fee Ordinance 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 plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set forth in Code 4 OR: 3251 PG: OOT► of Laws Section 74-501, B. 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. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (l) fail to comply with the said qualification criteria at any time during the Fifteen (15) year term; or (2) violate any provisiyoWof-this-,Agreement, then the dollar amount of impact fees deferredIRIJai in-,V,4�*NER to the COUNTY within thirty (30) days )df wy pit notkfication of b. Shouldthe default s ni the O NE"' Agreemen"o c. In addition, of this Agreement, and the r mailing of written notice to civil action to enforce the or otherwise enforced by the COUNTY, by action�iflui"I=tr4=la'w or equity including the foreclosure of a mortgage on real property, The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. E OR: 3251 PG: 0011,1 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written, STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement Samuel J. Durso, M,D., President known to me. A [NOTARIAL SEi 'y4d�•, Juliette J. Bl( s conmimio❑ k Din ExPim Apra 2d, t)onded tray �•InnnP AttUdC Boa&Vr, Habitat Collier County, Inc.: By: S el J. Durso, M.D., President before me this I Ct clay of March, 2003, by iWity of Collier County, Inc.. He is personally 1"y h COLLIER COUNTY, FLO [per - B,20 ] 0 JAM D, COUNTY MANAGER STATE OF FLORIDA) - COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this -2.±%-day of 11\ ci,...a 2003, by James V. Mudd, County Manager, on behalf of the COUNTY, He is personally known to me, {2 [NOTARIAL SEAL] Signature of Person Take g cknowledgment Lateen J. Beard Commission#DDIS"84 > '',,rr Expires: Oct 24, 2006 ?�hr•° Bonded 71w AtiuNo Banding Co., Inc Acknowledgment Approved as to form and Rec mmend Approval Ie al sufficiency, Pakac.ritelie-don Baker, Interim Director Assistant County Attorney of Financial Administration & Housing OR: 3251 PG: 0079 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 53, Carson Lakes Phase II, according to the plat thereof, as recorded in Plat Book 39, Pages 77 and 78, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facil C. Library Impact Fc D. Parks Impact Fee: E� E. Educational Faciliti�4y�siem Impact Fee F. Road Impact Fee C d\ TOTAL IMPACT FEES ' -- F6WFunns&Agreements/Afn4sgtd100% Defeml Agreement (030703 1100) h 2!. Prepared by: Patrh:k G. White Asn'1. Collier County Att'y. 3301'rartgurd Tran Past Naples, FL 34112 FIIe# 03.121 -IF 3153905 OR; 3251 M. 0065 RICOADID in 0111CIAL "COLDS of COLLIII COOFT, FL 03/28!2003 it 10:40AN DNIGNF 1. tAOCI, CL111 RltO: ANC pit 11,51 FINANCIAL ADNIN i 1011ING 1171101110 ATTN: LADAIN IIARD(403-2331) This span for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defesrallc i(�t%k ,Impact Fees is entered into this L day of Yy�n �c 2003 by¢Cd✓//fit ee n Collier Co litical subdivision of the State of Florida, through its the Bo ofc5 nu"fy Cbmmiscigtt rs, he in ier referred to as "COUNTY," and Habitat for Humanit o v t fte referred to as "OWNER," collectively stated as the " r I" RECITA WHEREAS, Collier r�rtnt Ordinance No. 2 a Collier County Consolidated Impact Fee Ordinance, as amende 0 4- ji ay be further amended from time to time, hereinafter collectively referred to as "hnpact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 1001ib deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3251 PG: 0066 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, THEREFORE, i valuable consideration, the cei(t tart a.- the Prudes covenant and a e € 1� 1. RECITALS IN O 6RA incorporated byf�, nee herein. 2. LEGAL DESCRb The legal (the "Dwelling Unit") i� tt d - herein. Housing. Ding i�iRecitals, and other good and ereby mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly N OR: 3251 PG: 0067 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 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 $6,082.98, as set forth in attached Exhibit 'B," incorporated by reference; and e. In return for the COUNTY deferring repayment of 100°% of the impact fees owed by 0�4�t�o later than the expiration of the TERM, OWNER f tlje venan �4% es to comply with the affordable �, ferratom housity im ac�t�fee deferral qualific tion riteria detailed in the Impact Fee 5. SUBSEQUEN A SFRI; 1E Zur E [f O NER sells the Dwelling Unit \Jwhich is subjec �t�the impact fee deal to a s uent purchaser, the Dwelling Unit shall be so to persons or 1 eeting the deferral qualifying criteria set forth in th tha eg._Orduta SSI he case of sale oT transfer by gift of the Dwelling Unit, the orlgina.QWElhall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Six Thousand Eighty - 3 OR: 3251 PG: 0068 Two dollars and 98/100 ($6,082.98), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to he considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortg�ee,-or--ot ter person, except that this lien shall be on ;R Co A •-t parity with any lien ooy axZs: - 8. RELEASE OF / Upon satisfactor co pletion of this Agreement's requirements, in In n a mdttt-btu he de erred i pa t fees, the COUNTY shall, at the expense of he O Y r co n e ar d umentation evidencingsuch payment, mclud ut not limned to, a leas of i 9. BINDING EWE is Agreement sh� t iElt eland and be binding upon the Parties to this Agree m ih$ir; eirs�cee nd assigns f i Cl 10. RECORDING. This Agreem nt K41recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement and the impact fees immediately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified Impact Fee Ordinance 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 plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set forth in Code 4 OR: 3251 PG: 0069 of Laws Section 74-501, B. 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. 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 provisto-of-this-Agreement, then the dollar amount of impact I. Cir fees deferreNER to the COUNTY within thirty (30) day of ' ten notification of sai vio tion, b. Shout th W E .-ofh rwise be in efa It of this Agreement, and the defaul is of cu d it ii i� ( ) a s a er mailing of written notice to the O R, the COUNT . ;may ri civil action to enforce the a In addition, r l� , en en—may W i�cJo�ed, or otherwise enforced by the COUNTY, by actio r-surf-iW aw, or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 5 OR: 3251 PG: 001Q IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Wi esses: Habitat u t Collier County, Inc.: Print arae \A 2 t K -Z;�' y. Sapfa6l J. Durso, M.D., President 7 A �. /� >—W' Print Nat (�1krv/ K. i`it IoA� STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was Samuel J. Durso, M.D., President of known to me. r'IN , ,IPT�RIAL SEAL) uliette J. 9100 iCocunifsioq M bpl a�gu � r6m COLLIER COUNTY, STATE OF FLORIDA) COUNTY OF COLLIER) before me this 19-- day of March, 2003, t:y OV y of Collier County, Inc.. He is personally Acknowledgment COUNTY MANAGER The foregoing Agreement was acknowledged before me this as &day of :4 2003, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to MCI [NOTARIAL SEAL] �cf. Signature of PersorrTaki ig Acknowledgment Lauren J Beard Commission HDD159084 "c Expires: Oct 24, 2006 '''??ino!;: Horded Tim Ati mic Bonding Co., I A roved as to form and commend Approv 1 ffci y:, / Patrick G. White tQ'►y�Ab Denton Baker, Interim Director Assistant County Attorney of Financial Administration & Housing OR: 3251 PG: 0011 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 54, Carson Lakes Phase II, according to the plat thereof, as recorded in Plat Book 39, Pages 77 and 78, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facil C. Library Impact N D. Parks impact Fee; 17 E. Educational Faciliti6Mktern Impact Fee F. Road Impact Fee I'°'' J � TOTAL IMPACT FEES -[ij i PGWFoonns&Agreenwnls/AffHsgn/100% Deferral Apeenrenl (0.10703 1100) 7 Owed �l 1 No w t I M.CC,LAOON � r v I I at on Q10 �N Ali yY 1 NN 1 m t t 1 1 �SR'Nl M.GsAr-OON — �1 I---_C0t� �T—i I 0�� ��' : Ct i 1 m I 1 alt 2.9 '� rovc aavv O se1�Phm' y.p R 9 Qtf � o DO 24. pselmmel hy, Patrick G. while Asst. Collier County Att'y. 3301 Tunland Trail Eat Naples, FL 34112 Flle# 03 -122 -IF 3153904 OR: 3251 PG: 0057 "COBB in OFFICIAL "COBS Of COLLIIN CHH, FL 03/21/2003 At 10:40M DIIGM 1, INOCI, CLIA Neta; uC FII 31.31 FIIAICIAL UNIX L N00SING INt11011IC1 AM: LADNIN IIAUR63-23361 This space for recordhgt AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defe 1- f," [tp act Fees is entered into this e�ay of =YY�r>✓.e l_ 2003 by tt@te n Collierl CoU litical subdivision of the State of Florida, through its the Bo of trunty-('Rttl nissi9 ers, h in fter referred to as "COUNTY," and Habitat for Humanit of i r u t h�rg' fte referred to as "OWNER," 61, collectively stated as the ' ' �� (.,, RECITA WHEREAS, Collier At Ordinance No. �� a Collier County Consolidated Impact Fee Ordinance, as amended . 4 ta i ay be further amended from time to time, hereinafter collectively referred togas "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100'% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100'% deferral of impact fees as set forth in the Impact Fee Ordinance; and ' OR; 3251 PG; 0058 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral: and WHEREAS, pursuant to Section 74-201, E. Lb. of the Impact Fee Ordinance, as codified in the County's Code of taws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, valuable consideration, the Parties covenant and 1. RECITALSM"' P R T4incorporatedf nce herein. 2, LEGAL DESCR N. The legal (the "Dwelling Unit' Q a6 -W Housing. Recitals, and other good and mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR; 3251 PG; 0059 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 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 6082.98, as set forth in attached Exhibit "B;' incorporated by reference; and e. In return for the COUNTY deferring repayment of 100% of the impact tees owed by ER-unti no later than the expiration of the TERM, AR cc OWNER a ovenants es to comply with the affordable housi i � feedeferral quralifi\cation riteria detailed in the Impact Fee Ordi an i g lft t h 5 P�`gfe me t. 5. SUBSEQUEN �E If t NER sells the Dwelling Unit a_ which is subjecj he impact fee def gfal to a s quent purchaser, the Dwelling Unit shall be so l�topersons orAt dbus meeting the deferral qualifying criteria set forth in th abt• t t Ordina I he case of sale or transfer by gift of the Dwelling Unit, the orisshall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Six Thousand Eighty - 3 OR; 3251 FG; 0060 Two dollars and 981100 ($6,082.98), 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, parity with an(Agrweee 8, RELEASE O requirements, the expense o payment, incl9. BINDING EFParties to this or-ot her person, except that this lien shall be on c satisfacto c impletion of this Agreement's n not limited to, tis Agreement fees, the COUNTY shall, at evidencing such land and be binding upon the assigns 10. RECORDING. This Agreement-skalFbe recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement and the impact fees immediately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified Impact Fee Ordinance 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 plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set forth in Code 4 OR; 3251 PG; 0061 of Laws Section 74-501, B. 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. 12, REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (l) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any provision. f -this -Agreement, then the dollar amount of impact fees deferred �l�p din fo1ER to the COUNTY within thirty (30) days f w iftg o ification of said 'olit'on. b. Should the OWNER1ota ase _in /d� aul of this Agreement, and the default s n t vire w th n ny lays aft r mailing of written notice to the civil action to enforce the c. In addition, Ie'�li�ft gtay—b�.-Tr d, or otherwise enforced by the COUNTY, by action r-suu4n-law or equity including the foreclosure of a mortgage on real property. The COUNTY shall he entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. M OR: 3251 PG: 0062 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Wi nesses; k HabitH Collier County, Inc.: Print m ae ty�� P . �S M t t 1 By: S eel J. Durso, M.D., President Print Nan STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement Samuel J. Durso, M.D., President known to me. A [NOTARIAL r �\� ntlmNc I•Ln 1111 COLLIER COUNTY, \'L C t1' STATE OF FLORIDA) before me this L–�— day of March, 2003, by pn�ty of Collier County, Inc.. He is personally Acknowledgment COUNTY COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this 'Q-) '�day of --M o" ,%� 2003, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL) Signature of Person TWdlig Acknowledgment i; Lateen J. Beard Commission #DD159084 •E Expires; Oct 24, 2006 ;1d;, Bonded nw Atlmtie Bonding Ca. Inn Approved as to form and leg ufficienc : Patric O. t Assistant County Attorney R ommend prov Denton Baker, Interim Director of Fit:ancial Administration & Housing OR; 3251 PG; 0063 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 55, Carson Lakes Phase II, according to the plat thereof, as recorded in Plat Book 39, Pages 77 and 78, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Feed SIJ o t Owed A. EMS Impact Fee _ $ .00 B. Correctional Faci itie Itttp4ctj _ $117. 8 C. Library Impact eek I I 4• ii 0 E� D. Parks Impact Fee E. Educational Facilit tem Impact Fee11 F. Road Impact Fee U0 / -16 5.00 TOTAL IMPACT FEES — -- $6,082.98 PGWFomu&Agnxmen1.JAfIHs9N100% Defeml Agmwn11030703 11001 7 ee I �oI I o I 1 2 I i CLOI I I I i I EI 1 I X211" MASIMOON I .OS I o [ o I jq��II * A C� fJ1 D� I "im j0 5R I i m I I ,�pD > m z I I S l'IYI M.SS,LS.00N �` m 1 � I if f i lsF,R CC)t � ( C a IL 4� gg Y r09t 09 V V 4 1. 4 N ..0� ' V PP'P N;' 6 g D Oi'a'��R�"c'a� p�pi " ' 9 �9f Y g ,3 ,., g s-~ni HIT? ; li. g� G���I �lrjki� lit 11 Jill IT11*111 A" MIA � C n Prepared by: Patrick G. White Ass'1. Collier County Att'y. 3301 Tandami Trail Etst Naples, FL 3/112 File# 03.123 -IF 3153907 OR; 3251 PG; 00111 AICOIDID Lh Ot1ICIAL MORN of COLLIII CW1, IL 03/20/2001 it 10;10AI 11110? 1. EtOCK, CLIA Isla; Ire nl 33.31 11NUCIAL ADMIN L 1003IIG IM1011IC1 AM: LADIII IIAID)103.2331) "Is space for revording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defe °@ 'q act Fees is entered into this a day of �pC4a r L 2003 by sen Collier C un litical subdivision of the State of Florida, through its the Bo of n missip ers, It in fter referred to as "COUNTY," and Habitat for Humanit o ( iiftq, a referred to as "OWNER," collectively stated as the " 4qi j [_., WHEREAS, Collier ` ftn Ordinance No. 2d0,I:W he Collier County Consolidated Impact Fee Ordinance, as amends ay be further amended from time to time, hereinafter collectively referred to as "impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3251 PG: 0089; WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-201, E. Lb. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, THEREFORE, '@3. valuable consideration, the r cei t atv �a- the Parties covenant andag e f(( l 1. RECITALS IN Q k(RX incorporated by C nce herein, 2. LEGAL DES CRI The legal (the "Dwelling Unit") 'tc d a herein. Housing. ing Recitals, and other good and is ereby mutually acknowledged, are true and correct and are dwelling unit and its site plan and is incorporated by reference 3. TERM. The terns of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR: 3251 PG: 0083 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 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 16,082.98, as set forth in attached Exhibit "B; incorporated by reference; and e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by OW }�R—until_.tto later than the expiration of the TERM, +I� C OWNERrt�etiant- anU s to comply with the affordable housin imp �Ci fe�ferral qualifica ign c iteria detailed in the Impact Fee 5. SUBSEQUEN TIRMNS R;R)✓P Y ' If 2V ER sells the Dwelling Unit which is subject f e impact fee defe I to s uent purchaser, the Dwelling Unit shall be soli to persons or eeting the deferral qualifying criteria set forth in the crdinann a case of sale or transfer by gift of the Dwelling Unit, the origifral3ER shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Six Thousand Eighty - 3 OR: 3251 PG: 0084 Two dollars and 98/100 ($6,082.98), 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, -oz other person, except that this lien shall be on parity with any lien fir �y taxi=s-= 8. RELEASE OF lE Upon satisfactor co pletion of this Agreement's requirements, in In ng a]yn%nW the erred t p t fees, the COUNTY shall, at the expense of the UN Y r c r ^y�I y d umentation evidencing such payment, inclu ' g,, ut not limited to, teas of 9. BINDING EFFE is Agreement sh e land and be binding upon the Parties to this Agree n� t ei�hei . , . ugcce s nd assigns 10. RECORDING. This A��g..reetnait'sQI recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement and the impact fees immediately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified Impact Fee Ordinance 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 plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set forth in Code 4 OR: 3251 PG: 0085 of Laws Section 74-501, B. 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. 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, rA)greement, then the dollar amount of impact fees deferred�slt�5a atd irr �tlf�g6V�NER to the COUNTY within thirty (30) days of �tfentification of b. Should a W5� kotherwiserI default the c. In addition, in dkfautJ of this Agreement, and the I's aft r mailing of written notice to n ,4) civil action to enforce the or otherwise enforced by the COUNTY, by actiolt -'ok: Whit-laikor equity including the foreclosure of a mortgage on real property, The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 61 OR: 3251 PG: 0086 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. W'tnesses; Habi%tay" Hu Collier County, Inc.: Prin ame_l� l 1' , 5t ., ;ti, By: Sa J. Durso, M.D., President Print Nam yz/ K a k/?& - STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was Samuel J. Durso, M.D., Presidentfl known to me. , [NOTARIAL I !f4MT0'X0 COLLIER COUNTY, STATE OF FLORIDA) Il' before me this LCL day of March, 2003, by a ,Ry of Collier County, Inc,. He is personally Acknowledgment COUNTY MANAGER COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this 11:1 day of 2003, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me, r [NOTARIAL SEAL) Signature of Pers ng Acknowledgment Lauren J Beard 4�SMYCommission NDD159084 Expires: Oct 24,2006 Bonded -nn " A11WIC Banding Co., Inc. R mmend A prov Denton Baker, Interim Director of Financial Administration & Housing Approved as to form and liawsuffloiency. Patrick G, Hite Assistant County Attorney OR: 3251 PG: 0087 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 56, Carson Lakes Phase II, according to the plat thereof, as recorded in Plat Book 39, Pages 77 and 78, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of ImpactFee �� A. EMS Impact Fee _ 5� B. Correctional Faci itie Im ac C. Library Impact ee ! D. Parks Impact Fee - E. Educational Facilit' oyster F. Road Impact Fee TOTAL IMPACT FEES Owed Impact Fee C' ��$6,082.98 POWI'orms&AgmnvnWAflnsgn/100% Oefe"l Agmnxnl (030703 1100) ii prepored byl Patrick G. White An't. Collier County Att'y. 3301 T.mlaml Troll nut Naples, Fr, 31112 3031330 OR: 3092 PG: 0293 IICDIDID it 01PICIAL UCDIDS of CoUlH coDMft, !L 01/16/20DZ At 0t;S1AN DVIOR 1, HOCK, CLIA IltD: pC !11 12.00 MDI IMi110111cillokanol D1 CADAM BUID This spare for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. C?a1li C," j This Agreement for the paer� tared into this day oft: �(,.f1 l 2002, by and between Collier�Coal subdivist the State of Florida through its Board of County Commisgio 6rsa_,heneif( a refe d to s " OUNTY," and Habitat for Humanity of Collier Count', In ., ere nafte! o s N R," collectively stated as the "Parties." r. RECITA WHEREAS, Collier Coutify°)Ogtinance No4Q(lf0.1'3; the Collier County Consolidated Impact Fee Ordinance, as it may be furthiariimended'from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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: 3092 PG: 0294 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 -�Vn t% valuable consideration, the re i�t%vd sufficiency of the Parties covenant and aR as�fol 1. RECITALS incorporated by C" ltc%ffer�i+l'/ 2. LEGAL DESCR The legal (the "Dwelling Unit s ttkched as Exh herein. �x E C VY Recitals, and other good and mutually acknowledged, are true and correct and are f..+ dwelling unit and its site plan is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 - C. 11 OR; 3092 PG; 0295 payments to purchase and pay for 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 ($7,698.82), as set forth in the attached Exhibit 'B." incorporated by reference; and e. In return for the OWNER, 0 afforda le Q(sl Impa Ord", 5. SUBSEQUENT TR NP waiver of the impact fees otherwise owed by impact fee which is subject o hoc tmp ct 1 Unit shall be sold o persons or set forth in the Impa inar and agrees to comply with the criteria detailed in the sells the Dwelling Unit purchaser, the Dwelling the waiver qualifying criteria of sale or transfer by gift of the Dwelling Unit, the original" Oa`IIJ-tremain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance and this Agreement ate 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 - OR: 3092 PG: 0296 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 hen 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 requirements after fi'f%y(l5) years from occupancy,or the expense of payment or cele ' b lift' 'Q -/ d-4 9. BINDING EFFE t is Agreement sh Parties to this Agree �, ,ndd their heirs, completion of this Agreement's issuance of the certificate of fees, the COUNTY shall, at evidencing such land and be binding upon the assigns. 10. RECORDING, This Agiite et(�tf!g1j1i�e`tteci6rded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a, OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 3092 PG: 0297 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 an action or paid. a IN WITNESS WHEREOF, Impact Fees on the date and year first above written. Witnesses: real OWNER: or otherwise enforced by the law or equity including the The COUNTY shall be attorney fees, plus calculated on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER CO Y, / BY Samuel J. iso, M.D., President - 5 - OR: 3092 PG: 0298 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 6th day of August, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL.. SEAL] Signature oWf Person Taking owledgment in Name of Acknowledger Typed, Printed or Stamped yA�� Tl' LAURF=1` I BEARD 1��0�{/ MYCOMD115ti1bN •\\"'148 COLLIER COYNTY, FLORIDA H 7 fiXYINIIS In':J 4fp: .-� IM>tt.JNOTARY FIa NMmY �°`cp\il`nbnu f" �,..----.�\, V. MUDD, COUNTY STATE OF Florida COUNTY OF Collier � e�The foregoing Ag � e g be fs� e t ' • /6- day of 2002 by James V. Mudd, County er, o behalf of t C01 e is personally kno n to me. -, ° [NOTARIAL SEAL] SignatuerstZn Takie Q 1 gment L�1-/E C1 l• i Par z_–, Parc Name of Acknowledger Typed, Printed or Stamped Approval Recommended 0�—_ Denton Baker, Director Financial Administration & Housing A proved as to form and leg uffiei Patrick G. White Assistant County Attorney LAVRFN J RC:ARD ply a CT "'1" 1400.3 -NOTARY t1a.01-1 &rnca&NnJ' Co OR: 3092 PG: 0299 EXHIBIT "A" LEGAL DESCRIPTION LOT 2, TIMBER RIDGE, UNIT ONE, BEING A SUBDIVISION OF TRACTS 5 AND 6, EDEN PARK FIRST ADDITION, RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING PART OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST. FEE Type of Impact Fee "y A unt Owed A. Library Impact Fee v� 214.00 " 0C t� B. Road Impact Fee 1,825.00 C. Parks Impact Fee: DC7 1,195.00 D. EMS Impact Fee Q�� 93.00 E. Educational Facilities System Im a Fe =— ' 1,778.00 F, Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED $4,622.98CT� - 7 - OR: 3092 PG: 0300 PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COUNTY FOR THE BENEFIT OF., HABITAT FOR HUMANITY OF COLLIER COUNTY That we hove performed o Boundary Survey for Lot 2, limber Ridge - Unit One, Plot Book 24, Pages 1-2, Public records of Collier County, Florido WilsonMiller, Inc. Reg. Engineers and Land Surveyors 3200 Boiley Lone, Suite 200, (941) 649-4040 Naples, Florida 341P5nVi August 1, 2002 Dovid J.t, LS/ 5834 _ Date oftiivey' CERTIFICATE OF AUT IZATION / LB -43 Not valid without the signature and the original roi'f#d seal of a Florida licensed Surveyor and Mapper. : 1 This Boundary Survey is only for the lands as ¢scribed. It is not o certificate of title, zoning, eosemenor y freedom of enrumhrnnrac lilsarings arc b0#01.4 r! h R/W line of Eden Arima being S.8947'15`E • Unbss c nsonll measured bearings and distances om identle�I • Oirr�i ensioa o in feet and ecimols thereof. fru'+E t' s are sed on Not' nor Geodetic Vertical Oofum (1929) • L' sItwn_altt _.t a pd described are for d re hot surveyed. I to d f overhangs were not taken i to co s hon die ti n of this survey. not, • Property lies ' thin V per Rood Insurance Rote Map At on 1 M2 67 f5OD Doted June 3, 1986 e ABBR£YNTIONS: 1 0 P.C.P. - Permonen' r�trb Point P.R.M. Pemton hfe rice Monument R' ofr5 L s CenteNine �. �" t✓ k Structure U, hA! ose'ment, D.£. = Drainage Easement L.M.:"'="L'Ske Maintenance Easement CL = Centerline Ira pin with cop stomped LB -4J, 24" long concrefo monument 24' long stamped LB/43 reference monument 0 T_ '----DATE: (CLIENT; 08/2002 TITLE; • TfeF1Pa,WanCWV1," I t'" 20' Cone. w Concrete, ELEV.= £levotion A/C - Air Conditioner F.P.L. = Florida Power and Light Company T.O.B. . Top of Bank, T.O.S. of Slope ;roe E.O.P. - Edge of Pavement, B.O.C. = Bock of Curve B.M. = Bench Mork P.C. - Point of Curvature, P.T. = Point of Tangency P.R.C. = Pant of Reverse Curvature e : Fire Hydrant o . Clean out •-• - Backflow ® - Water Meter m = Electric Box 6 m Coble TNe`ision Box � w Electric Pod m . Telephone Box 0 - Bacterial Sample oa - Water Valve * = Light Pole �� a s 10 20 40 Axi GRAPHIC SCALE nMB£R RIDGE - UNIT ONE, PLAT BOOK 24, PAGES 1-2, COLLIER COUNTY, FLORIDA 02 OF XXX I 2H-38 *** OR: 3092 PG: 0301 *** ACTIVITY RESEARCH: FIELD WORK/CREW CHIEF DRAFTED: CHECKED BY: FIELD BOOK/PACE: Aug 00, 2002 - 07:21:50 DATE M JNAPIEt4N:\5UR\N 1050\2HJ5002A.9 30' DRAINAGE R/W - PER PLAT • S.I.P. O F.I.P. ■ S.C.M. El P.R.M. WI Anton. SUlas2. EECA., . arreb. La S&iw. MsbtJ1106� FMx Prepared byt Patrkk O. wklle Awl. Collkr County All'y. 3301 Tarolaml Tnil tial Naples, 07.3/117 3031331 OR; 3092 PG: 0302 11COUID !n 011ICIA1 11COIDS 0f COLLIII CUM, IL 06/16/2002 at 01:56AN D1ICH 1. INC,, CUH He 111 62.01 Neu: Ili IIflI011IC1110ISIS101 DI LAO111 RAID 'Mki yVace for mvrding AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the W� p ctela,elt Bred into thisy day of 2002, by and between Collier oust �._a_ptt]itical subdivisi 1�of he State of Florida through its Boatel of County Commis, ton rs ._ reit, r " OUNTY," and Habitat for Humanity of Collier County In erei a er re d- o NE ," collectively stated as the �_ E'w Parties.„ i` " a. RECITALS _ -® WHEREAS, Collier Count Std lance Ntz..�Al�sythe Collier County Consolidated Impact Fee Ordinance, as it may be time to time, hereinafter collectively referred to as "Impact Fee Ordinance,” provides 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 - i - OR; 3092 PG; 0303 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 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 0,J#Ntlbnt'©f1-1t Q oing Recitals, and other good and valuable consideration, the rec�sufficiency of whl�V�Ii-ts er tfeby mutually acknowledged, the Parties covenant and a¢'oAwsZ,, 1. RECITALS INC R LA411 fd i talc are true and correct and are • 8 8incorporated by fein- 2. LEGAL DESCR �N�. The legal descry 'o o welting unit and its site plan (the "Dwelling Unit' {i fit ched as Exhibi d is incorporated by reference c s herein. qE 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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: 3092 PG: 0304 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, O�J Y rtI t��y� , is and agrees to comply with the affordab It9 mg impact fee wai r lification criteria detailed in the bnpac Fe Or l�inagce " --� S. SUBSEQUENT TR N E W ER sells the Dwelling Unit which is subjec ttip c ager to u ent purchaser, the Dwelling Unit shall be sold to persons or house , d g the waiver qualifying criteria set forth in the Imp t Ordinance. In fh of sale or transfer by gift of the Dwelling Unit, the originTui amain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 -- OR; 3092 PG; 0305 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.''t'&kswat sts� ct completion of this Agreement's requirements after (15) years from th�dtat of issuance of the certificate of occupancy, or u n or� enTof awed t pa t fees, the COUNTY shall, at the expense of a d umentation evidencing such payment or rele li 9. BINDING EFFE is Agreement sh� w' land and be binding upon the Parties to this Agree chert heirs, su cop and assigns. 10. RECORDING. This Ag41 t stfalf orded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if.- a. f: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: 3092 PG: 0306 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 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 an action or paid, IN WITNESS WHEREOF, it Impact Fees on the date and year first above written. Witnesses: Print amen\'��c Le4b \arp�mr� real or otherwise enforced by the law or equity including the The COUNTY shall be attorney fees, plus calculated on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COUN IN BY - >'111 Samuel J. rso, M.D., President - 5 - OR: 3092 PG: 0307 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 6th day of August, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person T nowledgment Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped LAUREN J. BEARD y MY C'OMNIS510� � ('(""prA 7/r � P.XPIRL110"I?ISI: or n I.RIIOJ.NOTARY F6 W+Iav Snv.c. h R•uun, •'. STATE OF Florida COUNTY OF Collier The foregoing Ag Tp t by James V. Mudd, County ager, on [NOTARIAL SEAL] COLLIER COUNTY, FLORIDA V. MUDD, COUNTY MANAGER L beV thi /, "'day of 2002 of tf4g CJ e is personally kn. Name of Acknowledger Typed, Printed or Stamped Approval Recommended Approved as to form and �'�4egal suffi i ncy: Denton Baker, Director Patrick G. White Financial Administration & Housing Assistant County Attorney >�fl"kFj 1,M.11E^ 1 BEARD yI� iAl•IIip4 OF n0 LM�U�I.\OTARI' rm �.ry>+rnrcc+klMndmR l'u i� OR; 3092 PG; 0308 EXHIBIT "A" LEGAL DESCRIPTION LOT 3, TIMBER RIDGE, UNIT ONE, BEING A SUBDIVISION OF TRACTS 5 AND 6, EDEN PARK FIRST ADDITION, RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING PART OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST. FEE Type of Impact F ""t _ mount Owed A. Library Impact Fe $ 214.00 B. Road Impact Fee 1,825.00 C. Parks Impact Fee:�� �C� 1,195.00 D. EMS Impact Fee 0 _ �� 93.00 E. Educational Facilities System �pacC e, 1,778.00 F. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED $4,622.98 - 7 - W O I W j /SM an pin with cop stamped LB -43, 24" long "x4" concrete monument 24" long stomped L8/43 Inanf re/erenee monument 08�?002 TITLE: . nnPolmolH WAAW& I 1"-20' OR: 3092 PG: 0309 PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COUNTY FOR THE BENEFIT OF: HABITAT FOR HUMANITY OF COLLIER COUNTY That we have performed o Boundary Survey for Lot 3, Timber .Ridge - Unit One, Plot Book 24, Pages 1-2, Public records of Collier County, Florido Wilson Miller, Inc. Reg. Engineers and Land Surveyors 3200 Bailey Lone, Suite 200, (941) 649-4040 ' Naples, FlJJCH1411, 341f05 ,.,,Auguste---?' avid P, VLSI 5834'4" ttf SGrvey CERTIFICATE OF AUT IZATION I L19-43 '' Not valid without the signature and the orig(nillg{oi$ed:s€alb of o Florida licensed Surveyor and MapperLv;r• This Boundary Survey is only for the lands 'as described. It is not a certificate of title, zoning, easements or :l St=rings ore Eos h R/W line of Eden Avenue being 589'47'15'£. • Unless comparison 'M e, measured bearings and ,_.dktones ore idenbc • a''rriensions in fee and decimals thereof. i 'F((eva t s am 4ased o Not not Geodetic Vertical Datum (1929) Lr r s wn-oY%de, e I nd described arc for e 7/rere not surveyed. • nd rg n ..I t nd roof overhangs were not taken r to c n i tion IT i IT of this survey. I en a not t • Property ties 'thin g e "D" per flood Insurance Rote Mop Commu o of r" 7 150D Dated June 3, 1986 • ABBREM17ON5 �^ G P.C.P. - Permonen okt I Point \P.R,M. < Perm= 1 nce Monument 'R%Mt-.sn.Right gfR9j ��/L Centerline (C,$ y-colReele k Structure _fYfi'It semenf, D.E. = Drainage Easement L.M.E. _' Lake Maintenance Easement, CL = Centerline Cone. = Concrete, ELEV. = Elevation A/C - Air Conditioner F.P.L. = fiorido Power and Light Company T.O.B. - Top of Bank, T.O.S. - Toe of Slope E.O.P. - Edge of Pavement, B.O.C. = Back of Curve B.M. = Bench Mark P.C. - Point of Curvature, P.T. = Point of Tongency P.R.C. = Point of Reverse Curvature o - Eire Hydrant D - Clean out ►� - Backflow M . Water Meter m - Electric Box 8 = Cable Television Box FS] - Electric Pad Q) w Telephone Box O - Bacterial Sample m w Water Volvo * . Light Pole q o s to m a •�ll'1 GRAPHIC SCALE J.'d LOT J. TIMBER RIDGE - UNIT ON£. PLAT BOOK 24, PAGES 1-2, COLLIER COUNTY, FLORIDA SHEET NUMBER: FILE NO.: I -003-GCS00 03 or XXX I 2H-38 TRACT A" O.E. R COMMON AREA TIMBER RIDGE - UNXT TWO PLAT BOOK 25, PAGE 40-41 47 A ACTNf1Y RESEARCH: FIELD WORK/CREW CHIEF DATE CHECKED BY: WH M-06-02 FIELD BOOK/PAGE: Aug 09. 2002 - 07:23:47 Jf0PIEMX*.\SUK\NI0W\2H3W03.0.q *** OR: 3092 PG: 0310 *** 5 VACANT LOT 4 VACANT Lor 3 VACANT LOT 2 VACANT LOr • SLP. - O FLP. . • S.C.M.- ❑ P.R.M.- an . [mpw. .a , Lamy Nen . rW 2?tLw, Prepored by: Patrick 6, White Aes'l. Collier County Att'y. 3301 Tudeml Trail Fasl Naples. Fr, 31112 3031332 OR: 3092 PG: 0311 HCOADID ie 0111CIR 11C01D1 of COLUII COMM, 21 0611612002 at 01;54M D1I6ft I. 11001, CLLR[ IGC Pit 42.00 Nate; "I I1i110rlia/601611101 D1 LAD1l1 HAND "is spas far recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. ' R C r This Agreement for the �a��e ' Impact l�C� tered into this L day of A 2002, by and between Colli Co r<tty,..a..pglitical subdivis n oT the State of Florida through its Board of County Commi sio e e to . Humanity of Collier Coun y, I c., he in0ft@re "Parties." 4J " RECIT WHEREAS, Collier Commance I Impact Fee Ordinance, as it may be ," and Habitat for " collectively stated as the , the Collier County Consolidated from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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; 3092 PG; 0312 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 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 ',oing Recitals, and other good and valuable consideration, the rec Ili d sufficiency of wh ibis ereby mutually acknowledged, ��� the Paries covenant and acreas olltfev's:� 1. RECITALS INCORI+r09AU0. TMc1f ab1'bjz /e6tal4 are true and correct and are incorporated by 'f r''ffereiri✓ 2. LEGAL DESCR The legal desc io�dwelling unit and its site plan (the "Dwelling Unit'ihe a_5 Exi��and is incorporated by reference herein.j�- 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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; 3092 PG; 0313 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 OWNERZO �rtt��T is and agrees to comply with the Caffordab)tng impact fee waiv qu ification criteria detailed in the S. SUBSEQUENT TR P E W ER sells the Dwelling g Unit which is subject Pa --t pa t— ai r t u ent purchaser, the Dwelling Unit shall be sold # o persons or hou td the waiver qualifying criteria 3 y 1 set forth in the hnpainance.. l�h of sale or transfer by gift of the Dwelling Unit, the origin Etst�rt�main liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 - OR: 3092 PG: 0314 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_ NWJA".%1;SDliy requirements after flffeo'(15) years from occupancy, or the expense of payment or rele tl Reif:' �- 9. BINDING EFFE is Agreement A �y Parties to this Agree @ d their heirs, completion of this Agreement's z issuance of the certificate of fees, the COUNTY shall, at evidencing such land and be binding upon the and assigns. 10. RECORDING. This Agrees n i�tL�ltaflll. 66rded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 3092 PG; 0315 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 paid. IN WITNESS an action or Impact Fees on the date and year first above written. Witnesses: Print ame�f�2�.yrigumo real C1il�i �17i or otherwise enforced by the law or equity including the The COUNTY shall be attorney fees, plus calculated on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COU IN B Samuel J. Urso. M.D., President - 5 - OR; 3092 PG; 0316 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 6th day of August, 2002 by Samuel Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person TakingAcknowledgment Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped LAUREN J, nF.ARt) COLLIER.CC�NTY, FLORIDA MYCOMMIkMOS V. MUDD, COUNTY STATE OF Florida '" COUNTY OF Collier D Jk The foregoing A a k g d be.. day of�2002 by James V. Mudd, County ager, c�tt behalf oft CO e is personally kn�. [NOTARIAL SEAL] Name of Acknowledger Typed, Printed or Stamped Approval Recomme Denton Baker, Director Financial Administration & Housing Approved as to form and e Buff i ncy Patrick G. White Assistant County Attorney y�V'�MFj, LAUREN J. RFARLI MY COMMISMUF • cr 7))1% ary0� L\Vllif�l IU':ltW: LAIgd MARY lh 8du)Sa,iu,h&mLn N i� OR; 3092 FG; 0311 EXHIBIT "A" LEGAL DESCRIPTION LOT 4, TIMBER RIDGE, UNIT ONE, BEING A SUBDIVISION OF TRACTS 5 AND 6, EDEN PARK FIRST ADDITION, RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING PART OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST. Type of Impact Fee, A. Library Impact F B. Road Impact Fee \j C. Parks Impact Fee, D. EMS Impact Fee �r E. Educational Facilities SystemImka F. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED FEE 1w - 7 - A unt Owed $ 214.00 1,825.10 1,195.00 93.00 1,778.00 117.98 $4,622.98 4i J J � I iron pin with cop stomped LB -43, 24' long iron pin 'x4• concrete monument 24' long stomped L8/43 vloet reference monument UE: I CLIENT: 08/2002 TITLE: TrV4+HdM0alehbet ' 1'.20 8trorings ore Dos I th R/W tine of Eden Avenue being S.89'47'15E. • Unless comparison s le, measured bearings and *lances oro identi 1. • Or' onions in Iee on decimals thereof. • /evgI* ns are as ed o No . t Geodetic Vertical Datum (1929) ' he ad described are for e eo ly y not surveyed. n e u rs roc overhangs were not taken t S. ration in cq ' of this survey. ve is not t • Property tie within FI a V per Flood insurance Rate Mop Commel /;' 0067 1500 toted June 3, 1986 • ABBRVN E170N5:.... 0 P.C.P. a Permonen CdnJ t Point P.R.M. - Perm A ej nce Monument Dt�f W /CIL - Centerline t lock Structure Ht1 lvE3isement, D.E. . Drainage Easement L.MX = Loke Maintenance Easement, CL = Centerline Canc. Concrete, ELEV. - Elevation ^/C . Air Conditioner F.P.L. - f7orido Power and Light Company T.O.B. • Top of Bonk, T.O.S. - Toe a/ Slope EO.P. - Edge of Pavement, B.O.C. = Bock of Curve B.M. - Bench Mork P.C. - Point of Curvature, P.T. = Point of Tongency P.R.C. = Point of Reverse Curvature e . Fre Hydrant b . Clean out .-• • BackfPow ® . Water Meter m . Electric Bax 6 . Coble Television Box Q . Electric Pod tD . Telephone Box S . Bacterial Sample oa Water Valve • Light Pok �• o s ro C w 7 a1tAPHIC SCALE i. W TIMBER RIDGE - UNtr ONE, PLAT BOOK 24, PAGES 7-2, COLLIER COUNTY, FLORIDA 04 of XXX I 2H-38 PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COUNTY Z O� FOR THE BENEFIT OF: HABITAT FOR HUMANITY OF COLLIER COUNTY w d OR: 3092 PG: 0318 a That we hove performed o Boundary Survey for Lot 4, Timber Ridge - Unit One, Plot Book 24, W Pages 1-2, Public records of Collier County, Florida O OW Wilson Miller, Inc. _ • tL pd. r, Reg. Engineers and Land Surveyors 3200 Bailey Lone, Suite 200, (941) 543*0' x Naples, Florid 34 05 i ;. ra W a .. , 2002' David J. H ft, P.S//, j 5834 ,�QTe of'S>yrrvey CERTFICATE AUTHORIZATION j LB -43' _,. Not valid without the signature and the origindl raised sect of a Florida licensed Surveyor and Mapper. '. al - This Boundary Survey is only for the lands as described. It is not o certificate of title, zoning, easements or I iron pin with cop stomped LB -43, 24' long iron pin 'x4• concrete monument 24' long stomped L8/43 vloet reference monument UE: I CLIENT: 08/2002 TITLE: TrV4+HdM0alehbet ' 1'.20 8trorings ore Dos I th R/W tine of Eden Avenue being S.89'47'15E. • Unless comparison s le, measured bearings and *lances oro identi 1. • Or' onions in Iee on decimals thereof. • /evgI* ns are as ed o No . t Geodetic Vertical Datum (1929) ' he ad described are for e eo ly y not surveyed. n e u rs roc overhangs were not taken t S. ration in cq ' of this survey. ve is not t • Property tie within FI a V per Flood insurance Rate Mop Commel /;' 0067 1500 toted June 3, 1986 • ABBRVN E170N5:.... 0 P.C.P. a Permonen CdnJ t Point P.R.M. - Perm A ej nce Monument Dt�f W /CIL - Centerline t lock Structure Ht1 lvE3isement, D.E. . Drainage Easement L.MX = Loke Maintenance Easement, CL = Centerline Canc. Concrete, ELEV. - Elevation ^/C . Air Conditioner F.P.L. - f7orido Power and Light Company T.O.B. • Top of Bonk, T.O.S. - Toe a/ Slope EO.P. - Edge of Pavement, B.O.C. = Bock of Curve B.M. - Bench Mork P.C. - Point of Curvature, P.T. = Point of Tongency P.R.C. = Point of Reverse Curvature e . Fre Hydrant b . Clean out .-• • BackfPow ® . Water Meter m . Electric Bax 6 . Coble Television Box Q . Electric Pod tD . Telephone Box S . Bacterial Sample oa Water Valve • Light Pok �• o s ro C w 7 a1tAPHIC SCALE i. W TIMBER RIDGE - UNtr ONE, PLAT BOOK 24, PAGES 7-2, COLLIER COUNTY, FLORIDA 04 of XXX I 2H-38 TRACT A" D.E, & COMMON AREA TIMBER RIDGE - UNIT TWO PLAT BOOK 25, PAGE 40-41 47 rl 4 3 5 VACANT LOT 4 VACANT LOr 3 VACANT LOT 2 VACANr Lor titx O SLP, O F.I.P. ■ S.C.M. O P.R.M.- ACTNITY WAS/EMP. N0. DATE APPROVED; RESEARCH: HELD WORK/CREW CHIEF DRAFTED: JBN/1425 -0E-02 AN Sol" A L ww CHECKED BY: DJH -0E-02 FIELDBOOK/PAGE: WbwDAVID J. HYATT LS/5834 awse�un�ar,aoo,Np.nru�,p�' m, Aug 09. 2002 — 07:24:12 JNAPIERIX:\SUR\N1050\2H38004.Ewp Prepay by: Petrick G. While Asst. Collier Counly Ait'y. 3301 Tornivul Trail Est Naples, FL 34112 3031333 OR; 3092 PG; 0320 "COON it 0111CIAL II0010S of roLL11R COMM, IL 08(1412002 It 01;54AN OIIGIT 1. IROCI, CLIRI RIC III 42.00 Ietoc NOI I1TIROIIICI/1101818101 OR UUM IIAD '11h span for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. R. CO This Agreement for the p� ml "pacts erred into this (may of 2002, by and between Collier oylf(y, a_p, tical subdivisi ofl(he State of Florida through its Boatel of County Commis ion rs h r e, e- Humanity of Collier Count , In ., erei "Parties", t RECIT WHEREAS, Collier Coui t,-*nan, eft Impact Fee Ordinance, as it may be ," and Habitat for " collectively stated as the the Collier County Consolidated time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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; 3092 PG; 0321 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 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 �o1isM ubi��i valuable consideration, the rec r�tJt[d sufficiency of the Parties covenant and au as o11t3Ws a t 1. RECITALS incorporated by fa hebdiEr�it1' 2. LEGAL E t The legal (the "Dwelling Unit' t ' u ched as Exhi herein. �? Recitals, and other good and mutually acknowledged, are true and correct and are unit and its site plan is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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: 3092 PG: 0322 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, O�nc s and agrees to comply with the affordab I�o�t. tng impact fee waiv , u 1ification criteria detailed in the 5. SUBSEQUENT which is subject ftt itipa�Ct Unit shall be sold persons or set forth in the Imt)IF a, inar Dwelling Unit, the sells the Dwelling Unit purchaser, the Dwelling the waiver qualifying criteria of sale or transfer by gift of the liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 - OR: 3092 PG: 0323 Eight Dollars and Eighty Two Cents ($7,698,82), as set forth in attached Exhibit "B. - This 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 requirements after ti"ffeen'(l5) years from occupancy, or u norTaytr�en�t r in, the expense of e O �r payment or rete e lie�— 9. BINDING EFFE is Agreement st Parties to this Agree �e tit their heirs, 10. RECORDING. This A b�i� two completion of this Agreement's issuance of the certificate of fees, the COUNTY shall, at evidencing such land and he binding upon the and assigns. by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 3092 PG; 0324 12, REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (l) 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 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 an action or paid. IN WITNESS WHEREOF, Impact Fees on the date and year first above written. Witnesses: Print amof6u,6ci I lclosed, or otherwise enforced by the Suinlaw or equity including the real m rtv. The COUNTY shall he �J 101121114 ng attorney fees, plus calculated on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNT IN Samuel J. urso, M.D., President - 5 - OR; 3092 PG: 0325 STATE OF Florida COUNTY OFli r The foregoing Agreement was acknowledged before me this 6th day of August, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to [NOTARIAL SEAL] Signature of Person Zaid Acknolwledgment Lauren J Beard Name of Acknowledger Typed, Printed or Stamped AAS" LAUREN 1. BEARD MY MNiMISSION R (T 7,7198 '— EXPIRPS 10'N200: 11?01 l` I•In,J.NOTARY i1-Wpuy \muohl4ndmyJb COLLIER CO[ NTY, FLORIDA V. MUDD, COUNTY MANAGER STATE OF Florida ` COUNTY OF Collier The foregoing Ag _ret,�tL fhi /5 qday of _at( rbc , 2002 by James V. Mudd, County ager, on behalf of t CO e is personally kno�4h tome. [NOTARIAL SEAL] Signatu ,Argon T n� edgment Name of Acknowledger Typed, A roval Recommen I Denton Baker, Director Financial Administration & Housing or Stamped Approved as to form and MMW—A Patrick G. White Assistant County Attorney LAUREN 1. BEARD ��, MY (n>IMIS40N '"�I98 �a1�0• t:\PIA 1.110.:1.'!00' I�Hg3NOTARY r1�N.bu. xnr<ohlMmAm Co OR; 3092 PG; 0326 EXHIBIT "A" LEGAL DESCRIPTION LOT 5, TIMBER RIDGE, UNIT ONE, BEING A SUBDIVISION OF TRACTS 5 AND 6, EDEN PARK FIRST ADDITION, RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING PART OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST. Type of impact Fee pac A. Library Imt Fe B. Road Impact Fee C. Parks Impact Fee:, D. EMS Impact Fee E. Educational Facilities System I F. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED FEE - 7 - mount Owed $ 214.00 1,825.00 1,195.00 93.00 1,778.00 11798 $4,622.98 a bre pin with cop stomped 1.8-4J, 140 long Concrete monument 24' long stomped L8143 referttnee monument 06/2002 TITLE: • I - * kh Gleno&* I 1'-20' . W,64W OR: 3092 PG: 0327 PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COUNTY FOR THE BENEFIT OF: HABITAT FOR HUMANITY OF COLLIER COUNTY That we have performed o Boundary Survey for Lot 5, Timber Ridge - Unit One, Plot Book 14, Pages 1-2, Public records of Collier County, Florida WilsonMiller, Inc, y Reg. Engineers and Land Surveyors 3100 Bailey Lane, Suite 200, (941) 649-4040,. Naples,_ Florid 3 105 i 'A = Au2002 Dovid J. H IL P. S. W f9j 5834 = `, Date of .Survey CERTIFICATE OF AUTHORIZATION / LB -43 Not valid without the signature and the origiebi tt4 &bd seol of o Florido licensed Surveyor and Mapper, This Boundary Survey is only for the lands as described. It is not o certificate of title, zoning, easements or ,4 Bearings arc ''6h fh R/W line of Eden Avenue being S.8947'15'F. • Unless comparison m e, measured bearings and ,A scones ore idenh 1. • Oidrensions-, m fee on decimals thereof. !' s are osed o No 'onol Geodetic Vertical Datum (1929) • own fs' f he nd described are for ea were not surveyed. i Mn Un u rs q�gn roo overhangs were not token I bt st ratio rtJ in (pre inion of this survey. ve. is n t • Property lie within' e 'D' per Flood Insurance Role Mop Commu nel ,�.! 0067 150D Doted June J, 1966 • AIBBREV41 ttONS� (,) P.C.P. = Permane CnOI I Point �P.R.M a Permo k�e nce Monument Rte.'_` Ri Centerline �enc, Structure t� U1i if osemenL D.E. Drainage Easement e. Maintenance Easement, CL = Centerline Conc. - Concrete, ELEV. - Elevation AIG Air Conditioner FP,L. - Florida Power and Light Company TO.B. - Top of Bonk, T.O.S. = Toe of Slope E.O.P. - Edge of Pavement. B.O.C. = Back of Curve B.M. - Bench Mork P.C. = Point of Curvature, P.T. = Point of Tongency P.R.C. - Point of Reverse Curvature e - fire Hydrant t, - Clean out •-• - BaCkhow M = Wafer Met& m - Electric Box 6 Cable Television Box Q - Electric Pod m Telephone Box 19 - 6ocleriol Somple tw water VQhV Light Pole o s to w 2V GRAPHICC SCALE LOT 5, TIMBER RIDGE - UNIT ONE, PLAT BOOK 24, PAGES 1-2. COLLIER COUNTY. FLORIDA N1050--UO1-005-GCS001 05 or XXX I 2H-38 rRACr T D.E. & COMMON AREA TIMBER RIDGE — UNIT TWO PLAT BOOK 26, PAGE 40-41 ACTIVITY "TNLS/EMP. N0. DATE I APPR( RESEARCH: FIELD WORK/CCHIEF DRAFTED. JBN/1415 -08-01 CHECKED BY: &W -00-p1 FIELD BOOK/PACE: Au0 00. 2002 - 07:14:50 JHJMEM%:\SUR\NI050\IH30M.dn : E- J. ffYATr *** OR: 3092 PG: 0328 *** 7 VAC4Nr for 6 vACANr Lor 5.89'51'58-C. 97. 5 vAcANr Lor 4 VACANT for e SIP, O F. f^ A S.C.M.• o P.R.M.• WAIJWE f1nw4-1301" . ftataw. W Ipn. LW "m. Prepared bp Patrlcle G. White An't. Collier Coanty Att'y, :#101 Tatniaml Tnil EAM Nibs, PL 74112 3031334 OR: 3092 PG: 0329 "CODID in 0111CIAL "C01o1 of COLLIII CDA1fr, IL 01/11/2002 at 01;54AA M0 1. am, Cal[ 11C "1 42.01 feta: AOI IAslorrrel/Ao1s1sAo101 W0111 HAD This spm 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 W-' rho �pa c� tend into this ,{�� ay of �y¢ 2002, by and between Collier ot1�St' apolitical subdivisi o he State of Florida through its Board of County Humanity of Collier "Parties." WHEREAS, Collier Impact Fee Ordinance, as it may be ," and Habitat for N ," collectively stated as the Collier County Consolidated time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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: 3092 PG: 0330 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. 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 Housing; and, WHEREAS, the impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in onifi� -aFSotg_df? h-Afo going Recitals, and other good and valuable consideration, the rec 11t��sufficiency of W- (4 , hereby mutually acknowledged, the Panies covenant and 1. RECITALS INGORV0gA\VEO.-) T t� iOeAo4,nk j$(ekitalk are true and correct and am incorporated by f n&.t=15cg� S, 2. LEGAL DESCR C N. al des dot dwelling unit and its site plan (the "Dwelling Uni ' cached as Exhd is incorporated by reference herein. __.. _ 3. TERM, The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement, 4. REPRESENTATIONS AND WARRANTEES. 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; 3092 PG; 0331 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 Dollar 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, ()ts and agrees to comply with the afford�Fe e std ng impact fee waive qu lification criteria detailed in the Impa Ot"d3t`�ttCe.f.. 5. SUBSEQUENT TRS �/�/ W ER sells the Dwelling Unit which is subjec t part-fff��� er t (su ent purchaser, the Dwelling Unit shall be sold to persons or hour ld �'i g the waiver qualifying criteria set forth in the Imp t rdinance. In of sale or transfer by gift of the Dwelling Unit, the original I I I' remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 - OR; 3092 PG: 0332 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 requirements after occupancy, or u the expense of t e payment or releas Parties to this 15) years from the Agreement heirs, of this Agreement's issuance of the certificate of fees, the COUNTY shall, at evidencing such land and be binding upon the assigns. 10. RECORDING. This Agreeliiefl(kh41l�rded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager, 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 3092 PG: 0333 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 I paid. QRZ, IN WITNESS an action or Impact Fees on the date and year first above written. Witnesses: losed, or otherwise enforced by the real OWNER: law or equity including the The COUNTY shall be attorney fees, plus calculated on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COU , INC Samuel J. rso, M.D., President - 5 - OR; 3092 PG; 0334 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 6th day of August, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Tad\ ng Acknowledgment Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped LAURFN J. HPARn COLLIER COUNTY, FLORIDA yy� MY Q'1AIMLC110NICY'+„,yd "•WI\�� F/:PIRi�ti lu':I xuex/ �_. /i _ // / J/ I.itlO.J.NOTARY Fly Nnny V. MUDD, COUNTY MANAGER STATE OF Florida COUNTY OF Collier 4`-`e`�� The foregoing A �� t c ed befo e /6' day of ,• , 2002 by James V. Mudd, County er, on half of th O e is personally kno n to me. [NOTARIAL SEAL] SignaPeso Talo. 1 gment !!' I Gj, B Name of Acknowledger Typed, Printed or Stamped Ap royal Recommended Denton Baker, Director Financial Administration & Housing LAUREN). BEARD MY MMMI' SWN f CC 1171% �MW E%RIRFS 10;:18007 I.W.W. 0TARY FI,Nq y$nua&R IftRCo Approved as to form and e suffic' •y`� , Patrick G. hite Assistant County Attorney OR: 3092 PG: 0335 EXHIBIT "A" LEGAL DESCRIPTION LOT 6, TIMBER RIDGE, UNIT ONE, BEING A SUBDIVISION OF TRACTS 5 AND 6, EDEN PARK FIRST ADDITION, RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING PART OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST. Type of Impact Fee/ / ", A. Library Impact F, B. Road Impact Fee C. Parks Impact Fee: D. EMS Impact Fee O� E. Educational Facilities Syst1m] F. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED FEE - 7 - C/ count Owed $ 214.00 1,825.00 1,195.00 93.00 1,778.00 117.98 $4,622.98 I W �I OR; 3092 PG; 0336 PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COUNTY FOR THE BENEFIT OF: HABITAT FOR HUMANITY OF COLLIER COUNTY That we hove performed a Boundary Survey for Lot 6, Timber Ridge - Unit One, Piot Book 24, Pages 1-2, Public records of Collier County, Florida WilsonMiller, Inc. Reg. Engineers and Land Surve ors 3200 Boiley Lane, Suite 200, r41) 649-4040; ; .. Naples, Florida J47 5/ i u ust ,1, 2002 David ✓. H 11, P.S. LS/ 5834 �,t7ate of rvey CERTIMAT£ OF AUTH RIZATION I/ LB -4J Not valid without the signature and the o '`inal.+oite,�.seol of a Ftorido licensed Surveyor and Mapper I " This Boundary Survey is only for the fonds asvdescribed. It is not o certificate of title, zoning, eosemenfs or freedom of encumbroncev �- naanngs one d • Unless compo distonces are \� Mop kOn Pin with cap stomped LB -43, 24" long P pin Concrete monument 24" long stomped L8/43 mference monument • TNnpVI'MM CNWA6ls ' 1"'20, R/11' line of Eden Avenue being S89'4775"E P. measured bearings and decimals thereof. lkOnol Geodetic Vertical Datum (1929) rid descnbed are for re not surveyed. ro overhan?s were not taken of on of this survey, alle "D" per Flood Insurance Rote W67 1500 Doted June 3, 1986 . A C. P. -TTONS.'�J'�.( / D P.C.P. Permonen CJi F I Point P.R.M. - Permonyy of nce Monument �R Ri h (�W /L = Centerline CAVA& Structure ctdr cement, O.E, = Drainage Easement L.M:E:"--L�ointenance Easement, CL = Centerline Cone. - Concrete, ELEV. = Elevation AIC Air Conditioner F.P.L. - Ftorido Power and Light Company T.O.B. - Top of Bonk, TO.S. = Toe of Slope E.O.P. = Edge of Pavement, B.O.C. = Back of Curve B.M. = Bench Mark P.C. - Point of Curvature, P.T. = Point of Tangency P.R.C. - Point of Reverse Curvature e rim Hydrant D = Clean oul �+ Backflow M = Water Meter m - Electric Box ®� Coble Television Box 0 - Electric Pod m Telephone Box [B - Bacterial Sample oa Water Valve Light Pok 0 e 10 30 4.M GRAPHIC SCALE VI RIDGE - UNIT ONE PLAT BOOK 24, i 1-2, COLLIER COUNTY, FLOR04 ........ ..._ .._. >nGU NUMdEN: FILE Na.: mm" 'moommoun�A '��'+�� N1050-U01-006-CCS00 06 or XXX 2H-38 TR4CT A" O.E. & COMMON AREA TIMBER RIDGE - UNIT TWO PLAT BOOK 25, PAGE 40-41 OR; 3092 112: 0337 7 VACANT LOT 58951 6 VACANT Lor J 6 f - - - - 0) 5.895158'E E� \1 - VACANT LOT 4 VACANT LOT 0 SLP. + O F.I.P. ■ S.C.M. 0 P.R.M.• ACTTATYR(lN4S/EMP. N0,j DATE APPROVED: RESEARCH: FIELD WORK/CREW CHIEF MENHaim DRAFTED: JON/1473—08-02, vi p" . JA" CHECKED BY: DJH —08-02 FIELD BOOK/PAGE: DAWO J. HYATT LS 5W4 apo swrw+ar. Loo . Mpy nor aam+ao7. nr. wlal Aug 09. 2002 — 07:25:16 JWAERIX:\SlR\N1050\2H3D006.dwg t'reWnd hyt Patrick G. White Amm% Collkr County Att'y. 3301 Tamland Trail Rut Naples, PL 34112 3031335 OR: 3092 PG: 0338 RIC01010 in OIIICIAL 111COUS at COLLIII COOM, It 01111/2002 at 01;54A1 a1IGU 1. IROCI, CURT RIC 111 12.00 flu: ROI IIT110121CIAORSI3101 OR LA9111 111M This Voce for rccording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the W .7�- �e tefed into this _L day of 4- 2002, by and between Collier o t�Political subdivist�nnoo the State of Florida through its Board of County Humanity of Collier "Parties." WHEREAS, Collier Impact Fee Ordinance, as it may be to ks OUNTY," and Habitat for VN N R," collectively stated as the Collier County Consolidated time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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; 3092 PG; 0339 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 �t�n' Ubi"-d th oing Recitals, and other good and valuable consideration, the re ik nd sufficiency of\whl' its hereby mutually acknowledged, the Parties covenant and art e folrtf W . ::: ' 1. RECITALS IN OR PA Ici Dt, ,do a ital are true and correct and are incorporated by f ee- 2. LEGAL DESCR ,The legal descio/���t� dwelling unit and its site plan (the "Dwelling Unit O tt cha ed as Ex ii. A," and is incorporated by reference herein, h' 11�? C1Ak ..- .__ 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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; 3092 PG; 0340 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 OWNER100'j-3 rinngimLpactUfee t¢ya� and agrees to comply with the affordabjwai e� 4iu lification criteria detailed in the S. SUBSEQUENT TR F9 A ,t �W ER sells the Dwelling Unit which is subject o) e ms t ee� ai er t u ent purchaser, the Dwelling Unit shall he sold o persons or house Id the waiver qualifying criteria set forth in the Imps y rdinance, Int ,6�s of sale or transfer by gift of the Dwelling Unit, the origins t Eshl(emain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 - OR; 3092 PG; 0341 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 tinder 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. requirements after fjf WI(l5) years from occupancy, orti n p or yray�tent of tn, the expense of t e�`, payment or rele r t\ 9. BINDING EFFE ti is Agreement sh e Parties to this Agree 4 ( their heirs, completion of this Agreement's issuance of the certificate of fees, the COUNTY shall, at evidencing such land and be binding upon the assigns. 10. RECORDING, This Agreedio!lt( 1"6rded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if, a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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 - OR: 3092 PG: 0342 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 cerin; 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 c. In an action or paid. IN WITNESS WHEREOF, t Impact Fees on the date and year first above written. Witnesses: y real OWNER: or otherwise enforced by the law or equity including the The COUNTY shall be- attorney e attorney fees, plus F" Vp calculated on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUN IN Samuel J urso, M.D., President - 5 - OR: 3092 PG: 0343 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 6th day of August, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Takin knowledgment Lauren J Beard_ Name of Acknowledger Typed, Printed or Stamped r LAUREN], BEARD COLLIER COUNTY, FLORIDA MY (T)MMISSION Of h 10.'!1 ;(Ip! 4^ . 14MO NOTARY Fly v,xxy S...... 11 nAinp G. C)�q ' V. MUDD, COUNTY MANAGER STATE OF Florida COUNTY OF CPllier The foregoing Agre t`w s'Sc`knbivYed -be f Ineis /S' day of 2002 by lames V. Mudd, County er, on behalf of th O e is personalty kno n to me. [NOTARIAL SEAL] Signatu fPe 6 edgment Name of Acknowledger Typed, Printed or Stamped Approval Recommen Denton Baker, Director Financial Administration & Housing A proved as to form and leg suffici n l Patrick G. WhL e Assistant County Attorney r yN� yt.AURE'J1.BF:\RD MY(YAWWWN. 1'('•,198 1�OFp F-NPIK(S It,N ZM. IIWJ-NOTARY FM Nary $mnn 6lkx�JinF l,� OR; 3092 PG: 0344 EXHIBIT "A" LEGAL DESCRIPTION LOT 7, TIMBER RIDGE, UNIT ONE, BEING A SUBDIVISION OF TRACTS 5 AND 6, EDEN PARK FIRST ADDITION, RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING PART OF SECTION 32, TOWNSHIP 46 SOU'T'H, RANGE 29 EAST. Type of Impact Fee �l A. Library Impact F j B. Road Impact Fee C \\l C. Parks Impact Feer, D. EMS Impact Fee 0 E. Educational Facilities System I F. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED FEE A unt Owed $ 214.00 F� ' 1,825.00 Q 1,195.00 93.00 pacCF�e1,778.00 117,98 - 7 - $4,622.98 0 N Z pm OR; 3092 PG; 0345 PREPARED FOR; HABITAT FOR HUMANITY OF COLLIER COUNTY FOR THE BENEFIT OF: HABITAT FOR HUMANITY OF COLLIER COUNTY That we hove performed o Boundary Survey for Lot 7, timber Ridge - Unit One, Plot Book 24, Pages 1-2, Public records of Collier County, Florida WilsonMiller, Inc Reg. Engineers and Land Surve ors 3200 Bailey Lone, Suite 200, r41) 649-4040 Noples, Florida 34105 August 1, 2002 David J. h ott, P LSA 58J4 Dote:Of . 'rvey CERTIFICATE OFALiHORIZArlOtV if LB-430 Not valid without the signature and the otorwhro��-seol of a Florida licensed Surveyor and Mapper. N'r" This Boundary Survey is only for the fonds as described. It is not o certificate of title, zoning, easements or Bearings ore 6t • Unless compo ,_distances ore are �la�p�oaeex�ea s not ` • Property lies 'thi Map Communrkf iron pin with cop stomped LB -43, 24" long I conrete monument 24• long stamped LBE43 re/oMnee monument 0812002 I TITLE: R1W line of Eden Avenue being S.894795"£. measured bearings and ecimols thereof. dt nal Geodetic Vertical Datum (1929) d described ore for m of surveyed. of overhangs were not token Oti n of this survey. "0" per Flood Insurance Rote 7 150D Doted June 3, 1986 P.C.P. - Permanent' CphIrV Point P.R.M. - Permon rjZftq fence Monument X94' Riabtgoj� C/L = Centerline Gq rkta k Structure "U<'�•'fJtilit„!.Easement, D.E. Drainage Easement o e Maintenonce Easement, CL = Centerline Conc. = Concrete, ELEV.= Elevation A/C = Air Conditioner F.P.L. = Etorido Power and Light Company TO.B. - Top of Bonk, T.O.S. = roe of Slope E.O.P. = Edge of Pavement, B.O.C. = Bock of Curve BM. - Bench Mark P.C. = Point of Curvature, PJ. = Point of rongency P.R.C. - Point of Reverse Curvature e - Fire Hydrant b - Clean out — - Bockflow IN - Water Meter m - Electric Box 6 - CabN rekvision Box Q - Electric Pod tD - rekphone Box B - Bacterial Sample m e Water Valve = Light Pole l� a e w :o 4 GRAPHIC SCALE MAP OF BOUNDARY SURVEY Lor 7, TIMBER RIDGE - UNIT ONE. PLAT BOOK 24, PAGES 1-2. COLLIER COUNTY. FLORIDA -007-GCSOO 1 07 or xxx I 2H-38 TRACT A" D.E. k COMMON ARfA TIMBER RIDGE — U1 PLAT BOOK 25, PAGI 9 uAcwr Lor • S.I.P. + O F.I.P. ■ S.C.M.- * P.R.M.- IMTNLS/EIRP. K0. DAtE APPROVED: low • StOmm • &okob • &rAym • LwA *WN'Lw*S&=•IMrt YJIo" RESEARCH: RESEARCH: FIELD WORK/CREW CHIEF DRAFTED: JON/1425 -09-02 CHECKED BY: DJH-08-020F11MQ FIELD BOOK/PAGE: DAVID J. HYATT LSIW34 Aug 00. 2002 - 07:20:AS JHAPILRIK:\SUR\HI050\2H3m07.a.9 Prepared byt Palrkk G. White Ault. Collier County Att'y. 3301 TratWunl Trill Md Nopke, FL 34112 3031336 OR: 3092 PG: 0347 RICORDID ill 011IC1AL WORDS Of COLLIIR CaUff, 1L 01/11/2002 at 07:54A1 DNIGRT 1. DWI, CLIH RIC 10 12,00 Rete: III 11i1R011IC1/101319101 DR LAURII HARD Th6 space for r rding AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the r Impact Fe feted into this % day of 2002, by and between Collier�iy ty,_a.pokitical subdivisi n o the State of Florida through its Board of County Commis io _..1t nefYer f 4O " OUNTY," and Habitat for Humanity of Collier Count , I ., ere aiiet f o s � N R;' collectively stated as the IV.J "Parties." l�A RECITA ro WHEREAS, Collier Cou'ht�Wr4laange Ns2 a ;the Collier County Consolidated Impact Fee Ordinance, as it may be time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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; 3092 PG; 0348 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.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�0 �fa 'f)Q e o going Recitals, and other good and valuable consideration, the re i hd .cufficieney of w t, hereby mutually acknowledged, —�- — the Parties covenant and ag folltiwss,�� I. RECITALS IN O 'n e ital, are true and correct and are incorporated by f e i 2. LEGAL DESCR N. The legal dere ti t� dwelling unit and its site plan (the "Dwelling Unit ss t ached as Ex"i i and is incorporated by reference herein.L'I 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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: 3092 PG: 0349 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 C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, O OF cJg sand agrees to comply with the affordab 6 hodin§ 1g" impact fee waivdr`qua'fication criteria detailed in the Impac F Ona�tc-e. 5. SUBSEQUENTF P� W ER sells the Dwelling Unit which is subjectfo t �irr(pact fc� sGai r to �w ent purchaser, the Dwelling g �il Al Unit shall be sold 20 persons or housdH ds ft the waiver qualifying criteria set forth in the Impac linance. 1"nth of sale or transfer by gift of the Dwelling Unit, the original Owtil'LR�s�tL� main liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the hnpact 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: 3092 PG: 0350 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 requirements after fi'f&y(15) years from occupancy, or the expense of payment or rele c4� WWI - 9. BINDING EFFE is Agreement A Parties to this Agree e(tt� _ their heirs, completion of this Agreement's issuance of the certificate of fees, the COUNTY shalt, at evidencing such land and be binding upon the and assigns. 10. RECORDING, This Agheef )k --t §ja l� 3eJ �t�c'orded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11, DEFAULT. OWNER shall be in default of this Agreement if. a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 3092 PG; 0351 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 paid. IN WITNESS an action or Impact Fees on the date and year first above written. Witnesses: r� -409 ■ 9�r. � 4 real OWNER: or otherwise enforced by the law or equity including the The COUNTY shall be ing attorney fees, plus calculated on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY COLLIER COUPLPY, IKWi - 5 - Samuel k0urso, M.D., President OR; 3092 PG; 0352 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 6th day of August, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking -Acknowledgment Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped COLLIER COUNTY, FLORIDA LAURt!N1. BOARD •,-_� . MY(MMI PIN A(Y'•"roq V. MUDD, COUNTY P STATE OF Florida COUNTY OF Collier v� v The foregoing A tfi8 c 1 be a tis /5 day of /1 r 4 z, f , 2002 by James V. Mudd, County er, on behalf oft O e is personally knovA to me. [NOTARIAL SEAL] Signatu o T t gment Name of Acknowledger Typed, Printed or Stamped Approval Recommende j ot/3c�e Denton Baker, Director Financial Administration & Housing rApproved as to form and eg uffici x- ,\A Patrick G. White Assistant County Attorney jVZ LAUREN 1. nFARD VSwY' MVCOAtMI551UN MlY'... I9e Of PSI$ F%PIRI.% la'.J:m bNWJ•NDIARY FL Nowy4nia,&14npi Co - 6 - OR: 3092 PG: 0353 EXHIBIT "A" LEGAL DESCRIPTION LOT 8, TIMBER RIDGE, UNIT ONE, BEING A SUBDIVISION OF TRACTS 5 AND 6, EDEN PARK FIRST ADDITION, RECORDED IN PLAT BOOK 51 PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING PART OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST. FEE Type of Impact Fc A. Library Impact Fa B. Road Impact Fee C. Parks Impact Fee: D. EMS Impact Fee \ E, Educational Facilities Systetem` Owed $ 214.00 1,825.00 1,195.00 93.00 C e 1,778.00 F. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED $4,622.98 - 7 - PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COUNTY Z FOR THE BENEFIT OF: HABITAT FOR HUMANITY OF COLLIER COUNTY 3 CM w a OR; 3092 PG; 0354 That we hove performed o Boundary Survey for Lot B, Timber Ridge - Unit One, Plot Book 24, W Pages 1-2 Public records of Collier County, Florida Wilson Miller, Inc. Reg. Engineers and Land Surve ors p F 3200 Bailey lane, Suite 200, 41) 649-..040. WNaples, Flared 34 r07 a M + '� ' t,Adgust 1, =2002 David J. tt, P LS1 5834 Date of,'SurveK 3 CERTIFICATE OF AU //ORIZATION / LB -43 lff Not volid without the signofure and the orgint1N1613ed seal of a Florida licensed Surveyor and Mapper. This Boundary Survey is only for the lands as described. yt It is not a certificate of title, zoning, easements or freed_-oL encumbrances. VT S D TES. 1� 3 � • Beorfngs on _ tp R/IY Fme of Eden Avenue being S89'47'WE. Unless comparison mob measured beodn s and tonces are idenfic Tkm '$tons -00 in reef and ecimals thereof. • �Rpw ' s on sed on Not of Geodetic Vertical &alum (1929) .I ,Lire s wn-o ide a described arc for f n of surveyed. 5 • rg n ( t (overhangs were not taken i to id flan t* n of this survey. n s not ted LAJ �",�,+, • Property Nes 'thin "D" per nood Insurance Rafe Atop Commun' Po ' 7 150D Dated June J, 1986 • ABBREruTfoNS.- �C A P.C.P. =PermanenPoint R.M. - Permon nce Monument Righ4.0 T /L centerline to k Structure -:f ;IfNli a ement, D.E. - Drainage Easement L.M.E. oke Maintenance Easement, CL = Centerline Cones < Concrete, ELEV. = Elevation AIC Air Conditioner P.L. = norido Power and Light Company T.0.8. - Top of Bonk, T.O.S. - Toe of Slope E.O.P. - Edge or Pavement, B.O.C. = Bock of Curve B.M. = Bench Mork P.C. - Point of Curvature, P.T. = Point of Tangency PR,C, - Point of Reverse Curvature e - Nro Hydrant D - Clean out — - Baekaow ® < Water Meter m - Electric Box 8 = Coble Telew'sion Box a) . Electric Pad m Telephone Box S x: 8octeriol Sample b a Water Valve = Light Pole ietMd Hon Pin with cop stomped LB -4J, 24" long bund Hon pin W .6'% 4'x4' earcnb Mx manumf 24" long stomped L8/4J o s to w �r VMWront reference monument GRAPHIC SCALE 08/200T jur nTLE. MAP OF BOUNDARY SURVEY SCALE: LOT 8, AsfeMaiOxelAei 1•.,ypTIMBER RIDGE - UNIT ONE, PLAT BOOK 24, PACES t-2, COLLIER COUNTY, FLORIDA •IW►ft eeMdWW*wsssl JN1050-UO1-008-GCS00I 08 or 4. 44 44 TRACT "A" D.E. & COMMON AREA TIMBER RIDGE - U PLAT BOOK 25, PAG ACTIVITY RESEARCH: FIELD WORK/CREW CHIEF CHECKED BY: DJH FIELD 800K/PAGE: VACANT LOT DATE I APPROVED: Aug 06. 2002 - 07:26:16 JNAPIERIK:\SUFI\N1060\21436006.Awg DAND J. HYATT • S.I.P. O FAIR. ■ S.C.M.+ * P.R.M.: ft Mg. all" . E2droW . awwp+. Lal ad&= - Prepared by: Pohick c. white Am%collier County An -y. 3*1 Tan"W Trail W Nepift rl, MI12 3031331 OR; 3092 PG; 0356 "COIDID in 0211CIAL I1C00I of COLLIII cow, R 08/16/2002 at 07:51A1 0111M 1. BIOCt, CLIRt tie III 42,00 Leto; MDI IMtIROtlICI/IOIIIIIgI DM LAORIA BRAID This space rnr recordlnit AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. Rco This Agreement for the Vjl/tva-imlitical mpact`Fe� ered into this � day of 2002, by and between Collier�Coy subdtvrst l� of he State of Florida through its Board of County Commis ion—ho i r ref o OUNTY," and Habitat for Humanity of Collier Count , In , etre;. a e D-0 jV R," collectively stated as the „Parties." WHEREAS, Collier Countj)�4)idipance No,:g0Q Nj X the Collier County Consolidated Impact Fee Ordinance, as it may be time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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 rile 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: 3092 PG: 0351 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 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 ' t going Recitals, and other good and valuable consideration, the re id sufficiency of wh is hereby mutually acknowledged, the Parties covenant and ag a fol&mfi. � 1, RECITALS IN OR A C e (t e ital are true and correct and are incorporated by hee=lSer�irr 2, LEGAL DESCR The legal des do dwelling unit and its site plan � Ca (the "Dwelling Unit ® tt chi„ ed as Exhi i A," and is incorporated by reference herein. 7, Tip- CAC C. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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: 3092 PG: 0358 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 OWNERN� �aZis and agrees to comply with the affordaote"h¢ sing impact fee wqu lification criteria detailed in the 5. SUBSEQUE{+� "F'�R'�R�I� .f tient sells the Dwelling Unit which is subject d tin act fj�e 'ilva er t -gu a purchaser, the Dwelling Unit shall be sold to persons or hou t i g the waiver qualifying criteria set forth in the Imp a i pOrdinance. of sale or transfer by gift of the Dwelling Unit, the origin�r �_1Ei%� remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 - OR; 3092 PG; 0359 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 requirements after occupancy, or u i the expense of t e payment or rele 9, BINDING EFFECT Parties to this Agreen 10. RECORDING. This lNA fa�i�y�completion of this Agreement's 15) yearsfrom the ate f issuance of the certificate of Cyittgnt, Qh-e w ived i pae fees, the COUNTY shall, at evidencing such Agreement shalr#�nrly d 6 land and be binding upon the etr heirs, su ed anand assigns. �1in h recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 3092 PG: 0360 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 c. In an action or paid. IN WITNESS WHEREOF, Impact Fees on the date and year first above written. Witnesses: r PrinON21�•.uQ,Urwj real i0 G/ OWNER: or otherwise enforced by the law or equity including the The COUNTY shall be attorney fees, plus calculated on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COU % B . �v Samuel J. urso, M.D., President - 5 - OR; 3092 PG: 0361 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 6th day of August, 2002 by Samuel J. Durso, M,D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person T cknowledgment Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped y I'OyP'R* COLLIER COUNTY, FLORIDA LAURFN J. BEARD P:%PIRB 10.^4¢ro: bAnnJ.NOTARY Fh hnn.&mm�hlMn.fni,•l.. /�4�t 1'�" f'�-�P� .S V. MUDD, COUNTY MANAGER STATE OF Flor t' ig COUNTY OF Collier The foregoing A Cttihwa�kitotvfedgetJ befo Me� / S day of 2002 by James V. Mudd, County ger, on half of th O e is personally kn�. r� '0 [NOTARIAL SEAL] Signatu ttn_Takin dedgment Name of Acknowledger Typed, Printed or Stamped Approval Recommended Denton Baker, Director Financial Administration & Housing Approved as to form and r suffilhcy: Patrick G. White Assistant County Attorney L,,, RL 11. BEARD y MY COMMIMION r CC TTIIYR or i\r SXMRFs ln71/1002 IdOir-!.NOTARY Fls Nary Rn¢ndlk.Wn Cu - 6 - OR: 3092 PG: 0362 EXHIBIT "A" LEGAL DESCRIPTION LOT 9, TIMBER RIDGE, UNIT ONE, BEING A SUBDIVISION OF TRACTS 5 AND 6, EDEN PARK FIRST ADDITION, RECORDED IN PLAT BOOK 5, PAGE 39 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING PART OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST. TOTAL IMPACT FEES WAIVED FEE - 7 - 10 Owed $ 214.00 1,825.00 1,195.00 93.00 1,778.00 117.98 $4,622.98 Type of Impact F A-.- A. Library Impact FeQv— rn— B. Road Impact Feed C' C. Parks Impact Fee: D. EMS Impact Fee 0t� �pae E. Educational Facilities System F. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED FEE - 7 - 10 Owed $ 214.00 1,825.00 1,195.00 93.00 1,778.00 117.98 $4,622.98 PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COUNTY FOR THE BENEFIT OF.' HABITAT FOR HUMANITY OF COLLIER COUNTY That we have performed o Boundary Survey for Lot 9, Timber Ridge - Unit One, Plat Book 24, ci ci Pages 1-2, Public records of Collier County, Florida WilsonMiller, Inc. Reg. Engineers and Land Surveyors 3200 Bailey Lane, Suite 200, (941) 649-40,40. Noples, Florida 34105, ?K' u91t 1, 2002'° W David J. Hpbtt, P , . LS/ 5834 Date, Surv@yyi, CERTIFICATE OF AUThoRIZARON j LB -43 c � Not valid without the signature and the origingl,raigegrseol a of a Florida licensed Surveyor and Mapper. ry r •• ' This Boundary Survey is only for the lands as described. It is not o certificate of title, zoning, easements or freed .af ncumbronces. 415=1V( 01 ED orE3�� ®�89s' ore boselto fA R/Wline o/ Eden Avenue being 5.89Y7'IS'E. j/ • Unless comparison vp m Qe, measured bearings and / _distances are ident' I. / • Di'rriensions Tn Ise ond\decimols thereof. • rot' s arc sed No no Geodetic Vertical Datum (1929) s w u sid J he Ind described ore for �I r2 c e rot su veyed. n rg n f t If zoo overAonos were not token I t c n i ration h rot of this survey. l i . I CC notJ �.�.� • Property lie j ithm l'o'o a "0" per Flood insurance Rate \S Map Commun Po to h1 67 1500 Doted June J. 1986 • ABBREVIARONS 0 A P.C.P. . Permonenff Point P.R.M. Permannce Monument Riyh(o_�f W�33,y',/ /L - Centerine C(e�yock Structure 81h Urs a ment, D.E. - Drainage Easement L. .E:'�Y7SEe Maintenance Easement, CL = Centerline Iron pin with cop stomped LB -43, 24' long concrete monument 24" long stomped L8/4J reference monument stamped LB -3964 0812001 TITLE: . lhvdpxYft 0011" 1 1"-20' Conc. - Concrete, ELEY, - Elevation A/C - Air Conditioner F.P.L. - Florida Power and Light Company TO,B. - Top of Bonk, T.O.S. - Toe of Slope EO,P, = Edge of Pavement, B.O.C. = Bock of Curve B.M. s Bench Mork P.C. - Point of Curvature, P.T. = Point of Tongency P.R.C. - Point of Reverse Curvature a - Fire Hydrant P - Clean out .+ - Bockhow 09 - water Meter m - Electric Bow 6 Cable Television Bos © - Electric Pod m Telephone Box Q — Boctedol Sample ee water Votve * - Lot Pok o s to so w 01 X GypHIC SCALE )-.,N LOT 9, TIMBER RIDGE - UNIT ONE, PLAT BOOK 24, PAGES 1-2, COLLIER COUNTY, FLORID64 ta1ECT Na.: SHECT NUMBER: FILE NO, 1050-UOI-009-GCSOO 9 of xxx 2H-38 TIMBER RIDGE - UNI PLAT BOOK 25, PAGE rRACr "A" D.E. & COMMON AREA ACTIVITY *WLgS/EYP. N0. DATE I APPRC RESEARCH: FIELD WORK/CREW CHIEF L.H. a 002 DRAFTED: LTM/4J6 -08_02 CHECKED BY: PJM -0d-02 FIELD BOOK/PACE: N1050 PG 57 _ Aug 02, 2002 - 07:26:+2 JNAWERpt:\SUR\N1050\2H3l002.Op 75' D.F. *** OR; 3092 PG; 0364 *** 58"W. 97.00' NR9•.51'.SR"W o7nn, DRAINAGE AND COMMON AREA Mr., YACANr Lor • SLP. O r.LP. ■ S.C.M.• O P.R.M. wr Prmr� • E�� • EoaRpY • �qon • LMI M. PmWvd by: Patrick G. White An't. Collier Canty Att'y. 3301 TuNuul Trail F:wt Naplm F1.31112 3031338 OR: 3092 PG: 0365 11COIDID is 011ICIAL MUDS of COLLIII Con", 1L 01/11/2002 at 07:54AK DIIICIT 1, 110Ct, Can 11C 111 RAI Rata: "I IE111011ICl/1101011101 DR LAURIE 1EARD This sp,ae for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. % C® ` This Agreement for the 7i� Impact F s`.i; � tered into this kiay of { 2002, by and between Collie C 9 y �_Mlitical subdivisl n 0 the State of Florida through its Board of County Commi bio ,,,, eret_ e rete d to s '' OUNTY," and Habitat for Humanity of Collier Count , ere na tc O N R," collectively stated as the t� "Parties." C RECITA �0 WHEREAS, Collier Cou maucee nA, r , the Collier County Consolidated 1C cl Impact Fee Ordinance, as it may be furt r-amendcd from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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: 3092 PG: 0366 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 COUNTY. NOW, THEREFORE, in irs�a tfa" e' oing Recitals, and other good and valuable consideration, the rec int -and sufficiency of whi is ereby mutually acknowledged, the Parties covenant and ast . as ollo: 1. RECITALS INC l" 1 TV �fo kgai Mals are true and correct and an incorporated by c e 1)' 2. LEGAL DESCR The legal descri % dwelling unit and its site plan (the "Dwelling Unit") i{It shqd_mRExi and is incorporated by reference herein, ref 0-- 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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; 3092 PG; 0367 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 C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, O® er, s and agrees to comply with the affordab @ h .siugimpact fee waive itication criteria detailed in the Impac F Ordr Ana ,tom _r 5. SUBSEQUENT N R P - W ER sells the Dwelling Unit which is subject i� ac`t e a r to -sit . ", ent purchaser, the Dwelling J E � P �� Unit shall be sold p persons or housed g the waiver qualifying criteria set forth in the hnpa t, IN 0 nance7�hyt ca of sale or transfer by gift of the Dwelling Unit, the originall-remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 - OR: 3091 03k8 Eight Dollars and Eighty Two Cents ($7,698,82), as set forth in attached x chit '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 arc 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. U t s t cc completion of this Agreement's requirements after (15) years from th �dAate of issuance of the certificate of occupancy, or u n p 0ri0a3�enf ft ived i pa t fees, the COUNTY shall, at the expense of e (o e d umentation evidencing such payment or rele Com`" ie " 9. BINDING EFFE is Agreement shan w' land and be binding upon the Parties to this Agree t- their heirs, suede s � and assigns, 10, RECORDING. This A�itC�h�Jf j�t'e�e6rded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if. a. OWNER fails to sell the Dwelling Unit in accordance with the affordable . housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 3092 PG: 0369 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 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 c. In additin�t1P h`ttl\ losed, or otherwise enforced by the CO IV`F by an action or s t i law or equity including the fo 7ec lq ure rsf`a�mgrtgage o real �n rty. The COUNTY shall he attorney fees, plus calculated on a calendar day paid. IN WITNESS WHEREOF, this iiq�-life-executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNER: HABITAT FOR HUMANITY OF COLLIER COU Samuel J. rso, M.D., President - 5 - OR; 3092 PG; 0370 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 6th day of August, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking knowledgment Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped =N"' J NI:ARUN4 r4�"'IVPW 21 :GI:.rna. R If aYn41 STATE OF Florida COUNTY OF Collier The foregoing Agree by James V. Mudd, County [NOTARIAL SEAL] COLLIER COUNTY, FLORIDA V. MUDD, COUNTY MANAGER ma, L o a _��ay of 2102 behalf of th O NT a is personally kn n to me. Name of Acknowiedger Typed, Printed or Stamped Approval Recomme d Denton Baker, Director Financial Administration & Housing roved as to form and leg uffici Patrick G. White Assistant County Attorney LAUREN J. BEARD Mrr�mucclos +CC n7t�P I.RIU5.4OTAR1' FI�NxxySml«,B R.vWi Ce l� OR: 3092 PG; 0371 EXHIBIT "A" LEGAL DESCRIPTION LOT 109 TIMBER RIDGE, UNIT ONE, BEING A SUBDIVISION OF TRACTS 5 AND 6, EDEN PARK FIRST ADDITION, RECORDED IN PLAT BOOK 51 PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING PART OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST. Type of Impact Fee A. Library Impact F B. Road Impact Fee C. Parks Impact Fee; \`� a D. EMS Impact Fee %Syste-�" E. Educational Facilitiesj F. Correctional Facilities Impact Fee FEE TOTAL IMPACT FEES WAIVED $4,622.98 - 7 - A nt Owed $ 214.00 `n c� 1,825.00 93.00 F ilk 1,778.00 117.98 TOTAL IMPACT FEES WAIVED $4,622.98 - 7 - PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COUNTY FOR THE BENEFIT OF: HABITAT FOR HUMANITY OF COLLIER COUNTY That we hove performed o Boundary Survey for Lot 10, Timber Ridge - Unit One, Plot Book 24, Pages 1-2, Public records of Collier County, Rorido WilsonMiller, Inc. Z Reg. Engineers and Land Surveyors * 00 I 3200 Boiley Lone, Suite 200, (941) 649-404A= •G Noples, f7orido 34105 c, ivq i� 0/^ ? ', August, I,. -2002 David J. t , ^ .M, LS/ 5834 Dote.'of,. purvey CERTIFICATE OF AUTHORIIARON I LB --43 Not valid without the signature and the original raised; seal ca of a Ftorido licensed Surveyor and Mapper. i; " l7 This Boundary Survey is only for the lands as described. If is not a certificate of title, zoning, easements or � freed m -of -e cumbrances. . ABSnWT ( M RER V/EHED pin with cop stomped LB -43, 24" long c'oncrote monument 24" long stomped Lola felorenee monument stomped LB -3964 VU I CLIENT: 08/2002 PTITLE: 1tMN'YartkI"* I 1"-20• fenw • MO4b ✓90066gs ore b6so4*' th"Noe of Eden Avenue being S89'47'15'E. • Unless comparison 1}s; mod' , measured bearings and dis antes ore identic iA' rasions -ace in feet nd imols thereof. va ' ore sed on Not' al Geodetic Vertical Datum (1929) r s V t of / described arc for of surveyed. • n t d f verhan s were not taken I to tion' n of this survey. I - man not ated • Properly lies i hin "D" per flood Insurance Rote Mop Communit Ro 7 150D Doted June 3, 1986 • Afi=-IH)NS A P.C.P. - Permonenf prat Point �$R^M Peron f a Monument �.r• Af y, �(u CentedinG to �'.��a to k Structure L r/it a{emmt, D.E. - Drainage Easement L.R.E. - Lake Maintenance Easement, CL - Centerfine Conc. - Concrete, ELEY. = Elevation AIC a Air Conditioner F.P.L. = Florida Power and Light Company T.O.B. - Top of Bank, T.O.S. = roe of Slope E.O.P. = Edge of Pavement, B.O.C. = Back of Curve B.M. = Bench Mark P.C. = Point of Curvature, P.T. = Point of Tongency P.R.C. = Point of Reverse Curvature e . rim Hydrant C - Clean out H . Backflow M - Water Meter m - Electric Box 9 t Cable Television Box Q - Electric Pod (D y Telephone Box O - Bacterial Sample 04 = water volw Light Pok o s to w GRAPHIC SCALE SURVEY - UNIT ONE, PLAT BOOK 24, COLLIER COUNTY, FLORIDA 10 or XXX I 2H-38 13 VACANT LOT TIMBER RIDGE - UNIT PLAT BOOK 25, PAGE I TRACT A" D.E. & COMMON AREA I w 12 VACANT LOT t�� nD. 4n09 nn_, n��� ,tr• 11 ' VACANT LOT _ _ _ ( -- 7.5' 5' D.E. ----- (_ . 7.5' D.E. 589'47'15'E 97.00' - — — — — — — — — — — 10 VACANT LOT 6'U.E. 895158"W. 97,00' I {'i —v) — — — — — — � 0 QI o flf VACANT LOT I 3 VACANT LOT •S7P ' O F.I.P. ■ &C.M.- O P.R.AI- ACTMTY INRKISAMP. NO. DATE APPROVED: RESEARCH: W, FIELD WORK/CREW CHIEF L.N, B Of 02 DRAFTED: LTU1436 -08-02 fMwr� .19p . Emypl� . �r7gq� . LnM CHECKED BY: OJH -08-02 FIELD BOOK/PACE: N1050 PG 57 OAV10 J. HYATT LS 58J4 i6U �" FM� �' ,r ehuraw m•I+p�7ara.ocan7. n.. lIFM Aug 02. 2002 - 07:27:06 JNWIERj%:\SUR\NI050\2HM010.Osq Prepared by! NttrldG. White An't. Collier CaaMy Aa'y. M Tamaar Trail Fad Napka, FL 3/112 3031339 OR; 3092 PG; 0314 HCOIDIO to 011ICIA1 IIC010S of CoiLIll MM, 11 01/11/2002 at 01:54AM 01I0 1, IM, CUU Bc 111 42.04 Alt1: MGI IMit10111C11101SISB01 01 U1111111 Rue This space for recmdh,g AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the W � I c � tered into this 6' day of 4- 2002, by and between Colliery ty k litical subdivisi� o the State of Florida through its Board of County Humanity of Collier "Patties." WHEREAS, Collier Impact Fee Ordinance, as it may be and Habitat for " collectively stated as the the Collier County Consolidated time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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: 3092 PG: 0375 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 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 0n ' -going Recitals, and other good and valuable consideration, the i,V d sufficiency of w i i hereby mutually acknowledged, the Parties covenant and a fol&W . 1. RECITALS W O A �A a ital are true and correct and are €" incorporated by ee- e fu:�^ � 2. LEGAL DESCR } The legal des c do dwelling unit and its site plan (the "Dwelling Unite tt ched as Exhi rte and is incorporated by reference 6 herein. 3, TERM, The term of this Agreement is for no 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: 3092 PG: 0376 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 C. In return for the COUNTY'S_ waiver of the impact fees otherwise owed by OWNERZO hr�Jg s and agrees to comply with the affordab inn im act Fee w�iv �� g p a �r q lification criteria detailed in the 5. SUBSEQUENT FE P \ ° W ER sells the Dwelling Unit 1 which is subject tat ►titpa t v !r to sob ent purchaser, the Dwelling Unit shall be sold l persons or housettlad the waiver qualifying criteria set forth in the Imtat�ifinance. to !h of sale or transfer by gift of the T 'A Dwelling Unit, the origin O1lRsitGremain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 - OR; 3092 PG; 0311 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 requirements after/fift4rf (15) years from occupancy, or upon norms-ppayn eny mi the expense of he G�UNYYco payment or rele lien. 9. BINDING EFFE is Agreement A Parties to this Agree ctrt) dtheir heirs, completion of this Agreement's issuance of the certificate of fees, the COUNTY shall, at evidencing such land and be binding upon the and assigns. 10. RECORDING. This Agrehinb_fi!=sgalk N is recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager, 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 3092 PG; 0378 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 an action or paid. IN WITNESS WHEREOF, Impact Fees on the date and year first above written. Witnesses: r 61OWN _" st u Pring _.ID.' .0 real OWNER: or otherwise enforced by the law or equity including the The COUNTY shall be attorney fees, plus calculated on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COU Samuel J rso, M.D., President - 5 - OR; 3092 PG: 0379 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 6th day of August, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person-T*kinj Acknowledgment Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped y�TMyN, LAUREN 1. BEARD R `�•S AIYCf>AIMItiI(I,��('( •••Ivr COLLIECOUNTY "7orn� rxPiar, ir.�zar _ _ ,FLORIDA 1".3-NOTARI' 00�`� E V. MUDD, COUNTY MANAGER �J STATE OF Florida COUNTY OF Collier�� � The foregoing Ag r t w ac ��ledg be f e t 's day of L21Quji , 2002 by James V. Mudd, County ger, on bShalf of th O N �7 , a is personally kno n to me. [NOTARIAL SEAL] Name of Acknowledger Typed, Printed or Stamped Approval Recomm ded Ir, Director Financial Administration & Housing proved as to form and leg qsuffic' cy: 0 Patrick G. White Assistant County Attorney -`tort$ IwwRENJ.BEARD kwm.aaawN a cc 1•1198 FXP1R I-BOOJNOTARV r1. NMVY Sm¢a S'IMwMm lb OR: 3092 PG: 0380 EXHIBIT "A" LEGAL DESCRIPTION LOT 11, TIMBER RIDGE, UNIT ONE, BEING A SUBDIVISION OF TRACTS 5 AND 6, EDEN PARK FIRST ADDITION, RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING PART OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST. FEE Type of Imped Fee _ �ti A nt Owed A. Library Impact�v $ 214.00 B. Road Impact Fee `J� 1,825.00 C. Parks Impact Fee: D0 1,195.00 D. EMS Impact Fee 04 �1\� j}g� 93.00 E. Educadonal Facilities System p �i 1,778.00 F. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED $4,622.98 - 7 - number l 25.00 89'55'18" J9.24 t= 24.97 J5.JJ Brg. S.44'49'J6"E. d z� r m pin with cop stomped LB -43, 24" long eowrete monument 24" long stomped L6143 reference monument stomped LB -3954 16r"- 3ATE. CLIENT: 08/2002 TITLE: . iMlpmrlam Coma" 1 1'=20' PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COUNTY FOR THE BENEFIT OF: HABITAT FOR HUMANITY OF COLLIER COUNTY That we hove performed a Boundary Survey for Lot 11, Timber Ridge - Unit One, Plot Book 24, Pages 1-2, Public records of Collier County, Florida Wilson Miller, Inc Reg. Engineers and Land Surve ors J200 Bailey Lane, Suite 200, (941) 649-4646" Naples, Florida J1105 Jr� August , 1, 2002 David JI . yo t, M. LS,/ 5834 Dote of Survey CERTIFICATE OF AUTHORIZATION J L8-43 Not valid without the signature and the oriyinol•rei3ed seal of o Florida licensed Surveyor and Mapper. Ir This Boundary Survey is only for the lands as described. It is not o certificate of title, zoning, easements or Baorings arc bo tln'pth R/W line of Eden Avenue being S89'47'15'E. • Unless comporiso 'sm e, measured bearings and _distances are idenb Ql, Daltension in tee on decimals thereof. '+-`ro[kevgh' s are sed o No ionol Geodetic Vertical Datum (1929) • L' or Sid r he and described are for ly o ere not surveyed. I�neer u o rs rid roo overhangs were not taken nt c si rotlon in pre rye 'on of this survey.• m e s nod. t Property lie within Fl .� a "D" per Flood Insurance Rote Mop Commu Po of %'� 0067 1500 Doted June 3, 7986 • ABBRElMT10NS: 0 P.C.P. Permoned �afr t Point P.R.M. Perma tyel rence Monument ' �R htr _ y C/L = Centerline ock Structure oement. D.E. = Drainage Easement L.M. a;T" a Maintenance Easement, CL = Centedine Cone. - Concrete, ELEV = Elevation A/C = Air Conditioner F.P.L. - Florida Power and Light Company T.O.B. - Top of Bonk, 1:0.5. = Toe of Slope E.O.P. - Edge of Pavement, B.O.C. = Back of Curve B.M. - Bench Mork P.C. = Point of Curvature. P.T. = Point of Tongency P.R.C. - Point of Reverse Curvature e = fire "rant b = Clean out «+ = Bockfo* ® = Water Meter m = Electric Box 8 Cable Television Box ❑E - Electric Pad m Telephone Box O - Bocteriol Sample ea Water Vows�+= Ligh= Light Pole o s to m GRAPHIC SCALE IABITAT FOR HUMANITY OF COLLIER COUNT MAP OF BOUNDARY SURVEY LOT 11. TIMBER RIDGE - UNIT ONE, PLAT BOOK 24, PAGES I-2, COLLIER COUNTY, FLORIAA =HM -w.a IM.r...ree.I 1 N1050-U01-011-GCS001 11 or XXX I 2H-38 I 13 VACANT LOT C i *** OR; 3092 PG; 0382 *** EDEN PARK P.B. 4, PG 70 EDEN AVENUE - 60' R/W 6- P.V.C. 0.6' OFFSET 10' O.E. S.89647'15"E. 37.18' I I I�tz o 0 VACANT T I VACANT LOT IW� � �I 1 N.8947'15"W. 50.00' N.89.47'15"W. 62.28' 15.28' 34.72' TIMBER RIDGE - UNIT TWO to P,H. 25, PAGES 40-41 DRAINAGE AND COMMON AREA VACANT LOT • UP. O f.LP. ■ S.C.M.• O P.R.M.- ACTMTY INITIALS/01P. N0. DATE APPROVED; RESEARCH: FIELD WORK/CREW CHIEF L.H, p P1102 Win" DRAFTED; LTM1436 -08-02 RUN -S011014 -6 -SM, tang CHECKED BY: DJN -OB-02 (iY20tn5 FIELD BOOK/PADE:N1050 PC 57 DAVID J. HYATT LS/5x34 -mew —mm Auq 04, 2002 - 07:21,73 AAMERjK:\SUR\N1050\2H3E01I.dwq Prepared hys Patrick G. White Asa'tt, Collier County Att'y. 3301 Tatnlaml Troll East Naples, n 31111 3031340 OR; 3092 PG; 0383 IICOIDID 11 0111CIAL HCMD1 of COU111 Coon, 1L 01/11/2002 at 01;54111 MIGM 1. 11OC1, can HC 111 12.00 lata; ADI IMNIPIC1/101111101 DI LAM11 MAID "is 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 ate+ �f nt1`paci �f Niered into this L� ay of �- 2002, by and between CGllie Coy y,.a.pplitical subdivisl the State of Florida through its Board of County Commi sio a rein fte rem t "COUNTY," and Habitat for Humanity of Collier Count , ere nto O fN R," collectively stated as the RECITAL WHEREAS, Collier Cou inattce Ko , the Collier County Consolidated Impact Fee Ordinance, as it may be flirts r amend l from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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; 3092 PG; 0384 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.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. Av NOW, THEREFORE, in��t s�i tonS-o ej,�flq oing Recitals, and other good an valuable consideration, thei6 pd sufficiency of whi is ereby mutually acknowledged, the Parties covenant and ag as olloww 1. RECITALS INC R A f tkg�i talc are true and correct and are incorporated by 4e nc hetet . M 2. LEGAL DESCR The legal desc`toil dwelling unit and its site plan (the "Dwelling Unit"� tachSq as Ex�i�'" and is incorporated by reference herein. 3. 'PERM. The tern of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 - 2 c. L, C. OR; 3092 PG; 0385 payments to purchase and pay for 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 ($7,698.82), as set forth in the attached Exhibit "B;' incorporated by reference; and In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, afford 6k Imp ht F 5. SUBSEQUEN T which is subje Unit shall be sol � n set forth in the Imp Dwelling Unit, the t impact fee to persons or and agrees to comply with the criteria detailed in the sells the Dwelling Unit purchaser, the Dwelling the waiver qualifying criteria of sale or transfer by gift of the liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 - OR: 3092 PG: 0386 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..tat completion of this Agreement's requirements after e 5) years from the t f issuance of the certificate of occupancy, or u n p or a5y1 nithe w ived i pa fees, the COUNTY shall, at the expense of t e , re o a . s, d umentation evidencing such payment or relea, ti�n''� 9. BINDING EFFE ;, is Agreement shal n/ land and be binding upon the Parties to this Agree m� ��h��eir heirs, �Wecsfi8 , and assigns. 10. RECORDING. This Agree Ynch r"hfll �reco/rded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if. a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 3092 PG: 0387 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 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. yad,olhIosotherwise enforced by the by an action or litor equity including the ucif�a mortea��on re nrobertY. The COUNTY shall be including attorney fees, plus calculated on a calendar day paid. IN WITNESS WHEREOF,AA_ an siiltaa ..executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: id OWNER: HABITAT FOR HUMANITY OF C LWJursor . SM.D., President - 5 - OR; 3092 PG; 0388 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 6th day of August, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Takia Acknowledgment Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped COLLIER COUNTY, FLORIDA LAUREN J.BEARD - EXPIRI5 IU42P1! STATE OF Florida COUNTY OF Collier The foregoing A It1g t ti a�'%tkhc,Wrgg by James V. Mudd, County r, on behalf of [NOTARIAL SEAL] Signatu o ,erson Takit jj- (`1 Name of Acknowledger I Approval Recommend I �S'L� Denton Baker, Director Financial Administration & Housing V. MUDD, COUNTY MANAGER L day of�kn wtt 2002 e is personally kno to me. Printed or Stamped Approved as to form and le suffice cy: Patrick G. ite Assistant County Attorney LAUREN J. BEARD [14W).N01 MVCVIMMI\\IO\ atT-W ale ARV ilp N1W S11111 N'W4 Cu OR: 3092 PG: 0389 EXHIBIT "A" LEGAL DESCRIPTION LOT 12, TIMBER RIDGE, UNIT ONE, BEING A SUBDIVISION OF TRACTS 5 AND 6, EDEN PARK FIRST ADDITION, RECORDED IN PLAT BOOK 51 PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING PART OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST. Type of Impact Fed A. Library Lnpact F e� B. Road Impact Fee\ l C. Parks Impact Fee, D. EMS Impact Fee C 1,4 , T j E. Educational Facilities System 1 F, Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED FEE - 7 - hb count Owed $ 214.00 1,825.00 1,195.00 93.00 1,778.00 Mm .98 $4,622.98 PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COUNTY FOR THE BENEFIT OF.' HABITAT FOR HUMANITY OF COLLIER COUNTY That we have performed o Boundary Survey for Lot 12, Timber Ridge - Unit One, Plot Book 24, Pages 1-2, Public records of Calmer County, norido WilsonMiller, Inc. Reg, Engineers and Land Surve ors Ct ' 3200 Bailey Lone, Suite 100, r41) 6r1�'4Q�0' Naples, Florido J4105 r. 0/August 1,11002+ David J. H tt, P.L, S,1 558833 Date. cif, SpNey, CERTIFICATE OF AUTHOR/ZATION / LB -4J Not valid without the signature and the Jk mol roised seat Of a Florida licensed Surveyor and Mapper. This Boundary Survey is only for the lands as described. lI is not o certificate of title, zoning, easements or / �- • BMmirgs ore bo SobA R/W Ane o/ Eden Avenue being S89'47'15'f. • Unless comparison q mo e, mrosured bearings and ^dlstonces oqr identicb. `--V�'me ions o in /ee ondecimals thereof. d id Q • t' sed No f'onot Geodetic Vertical Datum (1929) P / s?p he and described ore for ret �js Sg 0 `q,4Ayd we not surveyed. U r¢u too an overhonits wme not token nt rr44 Iia. l ion of this survey. ,\•-^d • lmproveme if not at l Property lies iT'thin R e 'D' per Flood Insurance Rote MOP Commuh� P n 0067 150D Doted June J, 1986 �+ . Aapar14A C. / ( 11W OPin with cop stomped L8-43, 24' long Pin eoncnM monument 24' long stomped L9/43 0`0101`0000 mmumenl stomped LB -3964 0612002 TITLE: . TAWWP& lllnO OAVA 1 1"=20' 1 P.C',P. >< Pem70fro/ Point /erence Monument tR. F ig F y, C/L - Centerline t...i O .Qo rs a Block structure ��z ro6c U.. —Uti7ly Eosement, D.E. = Drainage Easement n.a PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COUNTY FOR THE BENEFIT OF.' HABITAT FOR HUMANITY OF COLLIER COUNTY That we have performed o Boundary Survey for Lot 12, Timber Ridge - Unit One, Plot Book 24, Pages 1-2, Public records of Calmer County, norido WilsonMiller, Inc. Reg, Engineers and Land Surve ors Ct ' 3200 Bailey Lone, Suite 100, r41) 6r1�'4Q�0' Naples, Florido J4105 r. 0/August 1,11002+ David J. H tt, P.L, S,1 558833 Date. cif, SpNey, CERTIFICATE OF AUTHOR/ZATION / LB -4J Not valid without the signature and the Jk mol roised seat Of a Florida licensed Surveyor and Mapper. This Boundary Survey is only for the lands as described. lI is not o certificate of title, zoning, easements or / �- • BMmirgs ore bo SobA R/W Ane o/ Eden Avenue being S89'47'15'f. • Unless comparison q mo e, mrosured bearings and ^dlstonces oqr identicb. `--V�'me ions o in /ee ondecimals thereof. d id Q • t' sed No f'onot Geodetic Vertical Datum (1929) P / s?p he and described ore for ret �js Sg 0 `q,4Ayd we not surveyed. U r¢u too an overhonits wme not token nt rr44 Iia. l ion of this survey. ,\•-^d • lmproveme if not at l Property lies iT'thin R e 'D' per Flood Insurance Rote MOP Commuh� P n 0067 150D Doted June J, 1986 �+ . Aapar14A C. / ( 11W OPin with cop stomped L8-43, 24' long Pin eoncnM monument 24' long stomped L9/43 0`0101`0000 mmumenl stomped LB -3964 0612002 TITLE: . TAWWP& lllnO OAVA 1 1"=20' 1 P.C',P. >< Pem70fro/ Point /erence Monument tR. F ig F y, C/L - Centerline t...i O .Qo rs a Block structure %p U.. —Uti7ly Eosement, D.E. = Drainage Easement n.a L.M.E. = Lake Atointenonce Casement. CL = Centerline Cone. . Concrete, ELEV. = Elevolion '7y A/C Air Conditioner F.P.L. - Florida Power and Light Company TO.B. - Top of Bonk, TO.S.Tae of slope O E.O.P. - Edge of Pavement. B.O.C. = Bock of Curve W B.M. x+ Bench Mork %X31 P.C. = Point of Curvature, P.T. = Point of Tangency P.R.C. - Point of Reverse Curvature e - Fire Hydrant o - Clean out — ft Backflow M . Water Meter m = ElecMc Box Q - Cable Television Box © - Electric Pad tD - TNaphme Box p Bacterial Sompte •e - Woter Voles Light Pole qr o e to 70 GRAPHIC SCALE NAP OF BOUNDARY LOT 12, TIMBER RIDGE - UNIT ONE PUIT PACES 1-2. COLLIER COUNTY 1-012-GGSOO1 12 OF xxx ( 2H-38 EDEN PARK P.B. 4, PG 70 EDEN AVENUE - 60' R/W 6" P.V.C. 5.89'f7'!5"f. 0.6' OFFSET 4!e _ 10' US 50.00' 37.18' .-5 U l — — — — 10' .E. o a I R co I z 0 O I m � n I 13 VACANT LOT A T LO f o I VACANT LOT 0 04 � I I I� 1pI I N. '47'15-W 50.00- 15.281 J4.72' TRACT OA 1 O O.f. & COMMONON AREA I TIMBER RIDGE - UNIT TWO VACANT LOT PLAT BOOK 25, PAGE 40-41 O 0 SIP.SIP.F,LP. ■ SC.AI,+ ❑ P.R,M.+ A CTIVITYINMALS/EMP. N0. DATE APPROVED: FIELDW CHIEF L.M. 8 1 02 LTU1436 -DQ-02 BY: �2' Ems' Ar�m' LW 0JH -OL-02 E: NJ050 PO 57 DAVID J. HYATT lS W34 gab 5rato2, "Fww" - KP�t fir• allosaf W . Aw MM Aug 05, 2002 — 07:27:50 JWJKRjX:\SvA\NI030\2H35012.d*g Prepared hyt Petrick G. Whitt An't. Collier County Att'y. 331111 Tutdutd'lYtd1 But Nttpba Pt, 34112 3031341 OR; 3092 PG; 0392 MC01Dp U OIIICUL IICWW Of COLLIII mm, IL 01/1612002 at 01:S1LN DWIM 1. ROCK, CNII 11C 111 12.06 lets: IDI IM1011I0/101613101 DI LOW IIIID "6 speer for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. co rL This Agreement for the CS 14 I i tf—iIt , e�Ji�s ntered into this (�' day of ��, •l 2002, by and between Collie Co �1ty,.�_political subdivis'Qn the State of Florida through its Board of County Humanity of Collier "Parties." RECIT WHEREAS, Collier Impact Fee Ordinance, as it may be and Habitat for " collectively stated as the i0 the Collier County Consolidated time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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; 3092 PG; 0393 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.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, n4M(*oiYbi��\tl rgoing Recitals, and other good and valuable consideration, the eCp' d sufficiency of w ' n hereby mutually acknowledged, _ the Parties covenant and ag folfbv"vst 1. RECITALS IN O R�1Eh1$�re in e ita s are true and correct and are incorporated by 6Fhekeil-.'d � ' 2. LEGAL DESCR N. The legal desc ;iFn " dwelling unit and its site plan (the "Dwelling Uni ' A t ached as Extti i 1 and is incorporated by reference herein. �� CAS t 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 - 3 C. G C. OR; 3092 PG; 0394 payments to purchase and pay for 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 ($7,698.82), as set forth in the attached Exhibit "B;' incorporated by reference; and In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, S. SUBSEQUEN TI which is subje Unit shall be sol p set forth in the Imp Dwelling Unit, the impact fee to persons or and agrees to comply with the criteria detailed in the sells the Dwelling Unit purchaser, the Dwelling the waiver qualifying criteria of sale or transfer by gift of the liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 - OR; 3092 PG; 0395 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 requirements after,fifteeif(l5) years from occupancy, or the expense of payment or reiea ', netts 9. BINDING EFFE ;�A is Agreement A f Parties to this Agree heir heirs, 10, RECORDING. This A¢ in&Nh`aflfl completion of this Agreement's z issuance of the certificate of fees, the COUNTY shall, at evidencing such land and be binding upon the and assigns. by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT, OWNER shall be in default of this Agreement if. a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 3092 PG: 0396 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 shalt 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 an action or IN WITNESS WHEREOF, Impact Fees on the date and year first above written. Witnesses: real OWNER: or otherwise enforced by the law or equity including the The COUNTY shall be attorney fees, plus V)calculated on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIERCOU Samuel J. QAo, M.D., President - 5 - OR; 3092 PG; 0397 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 6th day of August, 2002 by Samuel J. Durso, M.D„ President of Habitat for Humanity of Collier County, Inc. He is personally known to me. �+ / [NOTARIAL SEAL] Signature of Person Taking -Acknowledgment Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped LAUREN 1.C -, MV(.YNIMIASIonq COLLIER COUNTY, FLORIDA C, •^^I9A ) E\PlNliti Itla :nib _ry / % ' PI. NMay Snv¢o.\14..,1,".1 . �g ®��_—_ �" •J'`' /�;•.._�/� V, MUDD, COUNTY MANAGER STATE OF Florida COUNTY OF Collier The foregoing Akhdwied hefdL ri /5- "day of 1— 2002 by James V. Mudd, County, ger, o behalf of t CO N e is personally kno to me. 0� [NOTARIAL SEAL] Signatu oP o ledgment Name of Acknowledger Typed, Printed or Stamped Approval Recomme d 4naa Denton Baker, Director Financial Administration & Housing Approved as to form and Patrick G. White Assistant County Attorney LAUREN J. BEARD y � M), MMMISSI(IN♦ CC 717198 7I�a pOF tXPINP.v Itl2429o: i.SWO,Noraav It. NmrySmlmaiLnJ,n (u - 6 - OR: 3092 PG: 0398 EXHIBIT "A" LEGAL DESCRIPTION LOT 139 TIMBER RIDGE, UNIT ONE, BEING A SUBDIVISION OF TRACTS 5 AND 6, EDEN PARK FIRST ADDITION, RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING PART OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST. Type of Itttpwct F A. Library Impact F� B. Road Impact Fee+ C. Parks Impact Fee, D. EMS Impact Fee �� E. Educational Facilities System' Lha F. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED FEE - 7 - Jam, Count Owed $ 214.00 1,825.00 1,195.00 93.00 1,778.00 117.98 $4,622.98 PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COUNTY FOR THE BENEFIT OF. HABITAT FOR HUMANITY OF COLLIER COUNTY That we have performed o Boundary Survey for Lot 13, Timber Ridge - Unit One, Plot Book 24, Pages 1-2, Public records of Collier County, Florida Wilson Miller Inc. a,_, Reg. Engineers and Land Surve ors \, 3100 Bailey Lone, Suite 200, r41) 646.40,x.„ Naples, Florida 34105 87 18' `� `�" _ August I, 2002 t0' U.E, David J; of .M. LS/ 5834, Dole. at Survey — _ _ _ _ CERTIFICATE OF AU4NOR/ZAAON ,/ LB -43 Not valid without the signature and the original raised seal of a Florida licensed Surveyor and Mapper, This Boundary Survey is only for the fonds as described. It is not a certificate of title, zoning, easements or b� • Bearings am bosh R/W line of Eden Avenue being S.89`47'15•E. • Unless comparison mo e, measured bearings and -diktonces o identicb. (V_Cr Dime'nsiaas f in fee and decimals thereof. • fro s ora sed o No' not Geodetic Vertical Datum (1929) • s Idhe nd described am for 1 C� �• Ym Q e b rc not surveyed. �nqe u --foo '�$nd roo overhangs were not token t ggguua si moon in II m m bn of this survey. pfo s no -� t (,�,' VACANT LOT • Property Pies i.INn n `�I ne - D" per Flood Insurance Rote Mop Commua Po at 0067 150D Doted June 3, ?986 • ABBREMPONS: x A P.C.P. r< Permone ' A- Point 0 �R,M. = perm qq' A erence Monument f ,6 C/L = Centerline t' lock Structure tT� ..2lfihty t ent, D.E. = Drainage Easement Lake Maintenance Easement, CL = Centerline Conc. Concrete, ELEV. = Elevation A/C = Air Conditioner F.P.L. = Florida Power and Light Company T.O.B. - Top of Bonk, T.O.S. - Toe of Slope E. o. P. - Edge of Pavement, B.O.C. = Back of Curve B.M. = Bench Mark P.C. - Point of Curvature, P.T. = Point of Tangency P.R.C. - Point of Reverse Curvature 6 - Fire Hydrant a - Clean out •+ - Beckfkw M . water Meter m . Electric Box B Cable Television Box a - Efectric Pod m - Tekphone Bax S . Bacterial Somp/e oa a Water Valve Light Pok hron pin with cop stomped L8-43, 24• long Pin eenerets monument 24" long stomped L8/43 o s io IS retemod monument GRAPHIC SCALE For 08/20D2 TITLE; MAP OF BOUNDARY SURA -SCALE: LOT 13, •�+ f•�2a TIMBER RIDGE - UNIT ONE, PLAT BOOK _ PAGES 1-2. COLLIER COUNTY nna/r •"ei111be'embwxmr�I JN?050-UO1-016-GCSO01 13 or XXX I 2H-38 EDEN PARK P.H. 4, PG 70 EDEN AVENUE - 80' R/W 10' U.E. I I / R c0 C TRACT "A" D.C. & COMMON ARfA TIMBER RIDGE - UNIT TWO PIAT BOOK 25. PAGE 40-41 ACTMTY [WKS/EMP. N0. DATE APPROVED: RESEARCH: FIELD WORK/CREW CHIEF L.H. 8,101102 DRAFTED: LrM/436 -0E-02 CHECKED BY: D!H -0d-02 FIELD BOOK/PACE: N1050 PG 57 DAVID J. HYATT LS/5834 hp W, 2002 - 02;28:24 .4W"X:\SUR\N1030\2H3E0u.tl.9 13 uACANr for N89'47'75"W. 50.00' 1 I • SLP. . O r.LP. ■ SC.M.m ❑ P.R.M.+ w,h* Rm . SOON . ECdVW. IAS pm. Lao 41t a I N Q o I 15 VACANr Lor I I EDEN PARK P.H. 4, PG 70 EDEN AVENUE - 80' R/W 10' U.E. I I / R c0 C TRACT "A" D.C. & COMMON ARfA TIMBER RIDGE - UNIT TWO PIAT BOOK 25. PAGE 40-41 ACTMTY [WKS/EMP. N0. DATE APPROVED: RESEARCH: FIELD WORK/CREW CHIEF L.H. 8,101102 DRAFTED: LrM/436 -0E-02 CHECKED BY: D!H -0d-02 FIELD BOOK/PACE: N1050 PG 57 DAVID J. HYATT LS/5834 hp W, 2002 - 02;28:24 .4W"X:\SUR\N1030\2H3E0u.tl.9 13 uACANr for N89'47'75"W. 50.00' 1 I • SLP. . O r.LP. ■ SC.M.m ❑ P.R.M.+ w,h* Rm . SOON . ECdVW. IAS pm. Lao Prepared by: PUrkk G. White Ar'1. Collier County Aa'y. 3ml Tamiaml Trail UN Naples, n 34113 3031342 OR: 3092 PG: 0401 IICOIDID 10 0111CIAl 11CORS of COLL111 coUl", !L 01/16/2002 it 07:54A1 DIIGIT 1. BWA, CW1I 11C IRI RAI 1lt1; III II7I1011I0/20131011011 DI UMN BUD This spare For rtmrding AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. �Ca fid` This Agreement for the �y� pact'Fe��t tiered into this (� day of 2002, by and between Collier oy .pQI tical su A isi o oo the State of Florida through its Board of County Humanity of Collier "Parties." WHEREAS, Collier Impact Fee Ordinance, as it may be ," and Habitat for " collectively stated as the , the Collier County Consolidated time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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; 3092 PG; 0402 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 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 art flolr$f4b valuable consideration, the rede1�ff nndd sufficiency of the Parties covenant and at e fol les�"M r� 1. RECITALS incorporated by hee'heitffi ' �. 2. LEGAL DESCRThe legal c (the "Dwelling Unit tD ttached as herein. 1 C Recitals, and other good and hereby mutually acknowledged, are true and correct and are dwelling unit and its site plan and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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; 3092 PG; 0403 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 C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER''\ is and agrees to comply with the afforda tevh�sing impact fee waiver q lifrcation criteria detailed in the Impa t F O 1 cc. 5. SUBSEQUE � S RE ER sells the Dwelling Unit which is subjec t e 1 waY�er t uent purchaser, the Dwelling Unit shall be sol 1rd to persons or hou I ��� g the waiver qualifying criteria set forth in the Imp ItQrdinance. ,I�{t t�tSd s e of sale or transfer by gift of the Dwelling Unit, the origin. J�YE�t �j'dlI- 'main liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 - OR: 3092 PG: 0404 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 requirements after/fit''t06 (15) years from occupancy, or u n nor payr��� l «„ the expense of the U or releIte payment � 9. BINDING E is Agreement A Parties to this Agre t tilt d their heirs, 10. RECORDING. This completion of this Agreement's of issuance of the certificate of fees, the COUNTY shall, at evidencing such land and be binding upon the and assigns. by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if. a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 3092 PG; 0405 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 IN WITNESS paid. or otherwise enforced by the an action or '`.iui� itt, law or equity including the Impact Fees on the date and year first above written. Witnesses: real �rop�rty. The COUNTY shall be OWNER: attorney fees, plus calculated on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF AriAt Name, COLLIER COU Y Prin Name,l�taF�e1-3 !v tQra,.e-_ B �v Samuel J rso, M.D., President - 5 - OR: 3092 PG: 0406 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 6th day of August, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person T-akiq Acknowledgment Lauren J Beard Name of Acknowledger Typed, Printed or Stamped ,kkR'tr LAUREN J. BEARD y MY COMMISSION 0 (TI"1'* COLLIER COUNTY, FLORIDA / > v bYl0.)NOTARY STATE OF Florida COUNTY OF Collier The foregoing by James V. Mudd, C [NOTARIAL SEAL] Name of V. MUDD, COUNTY c L be itti' � day of 2002 on behalf of C N ' ��He is personalty kno n to me, Approval Recommend Denton Baker, Director Financial Administration & Housing Typed, Printed or Stamped proved as to form and leg sufticie; >E : / r Patrick G, White Assistant County Attorney R LAUREN J BEARDMY (YtMMISMON R CY' T719P F_\PINI'110'_'4:0WRV Fh N.AvrSmicnA&rd' Co OR; 3092 PG; 0407 EXHIBIT "A" LEGAL DESCRIPTION LOT 14, TIMBER RIDGE, UNIT ONE, BEING A SUBDIVISION OF TRACTS 5 AND 6, EDEN PARK FIRST ADDITION, RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING PART OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST. FEE TOTAL IMPACT FEES WAIVED - 7 - $4,622.98 Type of Impact Fee nt Owed A. Library Impact F co D $ 214.00 B. Road ImpactFee (� 1,825.00 C. Parks Impact Fee; ��� 1,195.00 D. EMS Impact Fee��� �� 93.00 �pSC�E� E. Educational Facilities System 1,778.00 F. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED - 7 - $4,622.98 PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COUNTY FOR THE BENEFIT OF: HABITAT FOR HUMANITY OF COLLIER COUNTY That we have performed a Boundary Survey for Lot 14, Timber Ridge - Unit One, %I Book 24, Pages 1-2, Public records of Collier County, Rondo WilsonMifler, Inc. Reg. Engineers and Land Surveyors 3200 Bailey Lane, Suite 200, (941) 649 :4,04Q: Naples, Florida J4105 August' "1, 2002 David J. ft, P.Ow LS/ 5834 Dc(e`of Sur}ey} CERTOCATE OF ALITHOR12ATION 1/ LB -43 Not volid without the signature and the original raised seal of o FTorido licensed Surveyor and Mapper. This Boundary Survey is only for the lands as described. It is not a certificate of title, zoning, easements or f• Bearings are Unless com pin with cop stomped LB -43, 24" long rite monument 24" long stomped L8/43 rence monument 08/2002 T7TLE: RenO"WOoneeeel ' 1".20' r Ane ore R/W line of Eden Avenue being S89'47't5"E. measured bearings and + imo/s thereof It of Geodetic Vertical Datum (1929) ofd described ore for n! of surnyed. rof overhon�s were nal token ».� of this surny. =fly Property lies" thin a "D' per Flood Insurance ROIe ado/ 67 150D Dated June 3, 1986 ABBR£VN1tONS r + P.C.P. Permanen oat I Point R.M, a Permog t ! nce Monument Centertfne �fe o Structure a �ment, O.E. = Drainage Easement Doke Maintenance Easement, CL = Centerline Conc. Concrete, ELEV. = Elevation A/C = Air Conditioner F.P.L. . Florida Power and Light Company T.O.B. = Top of Bank, T.O.S. = Toe of Slope EO.R - Edge of Pavement, B.O.C. = Bock of curve B.M. = Bench Mark P.C. - Point of Curvature, P.T. = Point of Tangency P.R.C. - Point of Reverse Curvature e a Fire Hydrant b = Clean out •+ &MVIOw M - Water Meter m = Electric Box ® Cable Television Box [1) - Electric Pod m Telephone Box O - BacNrtol Sample M • Water Vot" Light Pole a s to to w X GHICC RAPSCALE TIMBER RIDGE - UNIT O%E, PLAT ROOK 24, PACES 1-2. COLLIER COUNTY FIOB/nA 14 or XXX I 2H-38 EDEN PARK P.D. 4, PG 70 EDEN AVENUE - 60' R/W 1 10' U.C. `. I 10' U.F. I I I I 15 13 VACANT LOr Eµ� J TLO VACANT LOT LAi t�pfv,Com- a I I N.89'17'15 -W. 50.00' TRACT -A- TIMBER RIDGE - UNIT TWO D.F. & COMMON AREA PLAT BOOK 25, PAGE 40-41 ■ UR O ■ SOM,� ❑ P.R.M.- ACTNITY RUtULS/EMP, N0.4DATEAPPROVED: flELO WORK/CREW CHIEF L.H. DRAFTED: LTM/�JB FIN •B1�X ••LN& CHECKED BY: DAH FIELD BOOK/PACE: Nl050 57OAV10 J. HYATT LS15a34 • M •' r w7'tr� tiA 20o • MX�{ RHM 3N*W- twos M Aug 09. 2002 - 07:20.51 JWIPIF.RIX;\SUR\N1050\2H3E014.Ep "red byi Petrkk G, white Ar'L CoWer Coonty Aa'y. 3.101 Tordow Troll Fast Napks, M 34112 3031343 OR; 3092 PG; 0410 1111011111) it 011ICIAL IROADt of COLLIII mm, 11 01/16/2002 at 07:540 DOW 1. IAOC1, CUAA "C Bt 42.01 Atte: 1111 IMit1011I0110A111M01 01 LA0111 111111) This space for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. C(�� This Agreement for the �jdi phfip acf F 9)�ered into this (Lay of at 2002, by and between Collieysubdivisi pQoot (he State of Florida through its Board of CountyCommis io rs. rer d_So OUNTY," and Habitat for Humanity of Collier Count , In ., e� acted f _ o \ NN R," collectively stated as the "Parties." RECITAL. Cao WHEREAS, Collier Cou nan�e�lo, , the Collier County Consolidated Impact Fee Ordinance, as it may be furthe ended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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; 3092 PG; 0411 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 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 th! i A'Roa--45�mgoing Recitals, and other good and valuable consideration, there iZolt�:., ufficiency of whit is hereby mutually acknowledged, the Parties covenant and a¢r c , -�--,f A \\ 1. RECITALS INaORPORA"O.1T1 d f$fe�cJvA*e4it4 are true and correct and are incorporated byite`elierhit — ' 2. LEGAL DESCR The legal desc4.o dwelling unit and its site plan (the "Dwelling Unite t shed as Exhi i A " and is incorporated by reference herein. 3. TERM. The temt of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 - M C. C. OR; 3092 PG; 0412 payments to purchase and pay for 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 terns 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 ($7,698.82), as set forth in the attached Exhibit "B," incorporated by reference; and In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, afforda c Impa t F 5. SUBSEQUEN G which is subj Unit shall be sol ti set forth in the Imp Dwelling Unit, the c �JArt"Oa tsts and agrees to comply with the impact fee wabjh-" b5 ification criteria detailed in the E .w u ER sells the Dwelling Unit rip - feenv ver t- s uent purchaser, the Dwelling persons or ho I �e 1 g the waiver qualifying criteria Ow. mance.=main of sale or transfer by gift of the liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 - OR: 3092 PG: 0413 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 requirements after fiftod(15) years from occupancy, or upon priorpaytrTnyor me the expense of he O ` 0 payment or releo h n 9. BINDING EFFE is Agreement sh Parties to this Agree d their heirs, completion of this Agreement's issuance of the certificate of fees, the COUNTY shall, at evidencing such land and be binding upon the and assigns. 10. RECORDING. This AgreemW44alWff,&orded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if. a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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 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 by an action or paid. ®0, IN WITNESS WHEREOF, Impact Fees on the date and year first above written. Witnesses: R, - til Rl SRM Prini real WAWA OWNER: J, or otherwise enforced by the law or equity including the �rty. The COUNTY shall be including attorney fees, plus w ¢ s calculated on a calendar day 0 w 0 N this Agreement for Waiver of ,b �a 0 .ra .s+. HABITAT FOR HUMANITY OF COLLIER COU B - 5 - aaiaue, a6,vmso, m.u., vrestdent OR: 3092 PG: 0415 STATE OF Ejoridn COUNTY OF Collier The foregoing Agreement was acknowledged before me this 6th day of August, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of PersonT4kidg Acknowledgment Lauren J. -Beard Name of Acknowledger Typed, Printed or Stamped r ,p`LAUREN J. BEARD COLLIER COt NTY, FLORIDA P, MV R7MMISM.\ACC 7-19A / IMML1.N07AR\' I 1 CMM)$H,mn .�ILmd-pia I5- R C .� � n' f _--_ �• -'TbI 4ES V. MUDD, COUNTY MANAGER STATE OF Florida COUNTY OFCollier ��� g be� 1 �— The foregoing Ag '0 a , o 1 f `1 oday of0-, 2002 by James V. Mudd, County .ager, on behalf of Ol / He is personally kno to me. [NOTARIAL SEAL] LrBe'al' r) Name of Acknowledger Typed, Printed or Stamped A provol Reco a ded Denton Baker, Director Financial Administration & Housing roved as to form and 122Z ' cy: Patrick G. White Assistant County Attorney 6 - kf.t�, LAUREN J. BEARD I�W0.J`1;O�J"' h101F��VPVRp1] .. �s:. vitt,N FMrt]m Co 6 - OR; 3092 PG; 0416 EXHIBIT "A" LEGAL DESCRIPTION LOT 15, TIMBER RIDGE, UNIT ONE, BEING A SUBDIVISION OF TRACTS 5 AND 6, EDEN PARK FIRST ADDITION, RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING PART OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST. TOTAL IMPACT FEES WAIVED FEE lu - 7 - Type of ImpactFee A. Library Impact F T1AntOwed B. Road Impact Fee � 95.00 C. Parks Impact Fee: D. EMS Impact Feef�� 117.98 \ T E. Educational Facilities System Mil F. Correctional Facilities Gnpact Fee TOTAL IMPACT FEES WAIVED FEE lu - 7 - $4,622.98 14.00 T1AntOwed 25.00 95.00 93.00 1,778.00 117.98 $4,622.98 PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COUNTY FOR THE BENEFIT OF: HABITAT FOR HUMANITY OF COLLIER COUNTY That we have performed a Boundary Survey for Lot 15, Timber Ridge - Unit One, Plot Book 24, Pages 1-2, Public records of Collier County, Florida WilsonAtiNer, Inc. Reg. Engineers and Land Surveyors J200 Bailey Lane, Suite 200, (941) 649-4040" :^ i Noples, Florida J4105 1 187.18' ^ Augusf 1, 2002 10' U.E. David ✓ 1fott, P LS/ 5834 Date of 'Survey — — } CERTIFICATE OF AL/rhORIZATION I/ LB -43 Not valid without the signature and the original raised seat of a Florida licensed Surveyor and Mapper. This Boundary Survey is only for the lands as described. II is not a certificate of title, zoning, easements or freedom of encumbrances. %,-Bearings oro Da"seo * th R/W line of Eden Avenue being 5.89'47't5'F. • Unless comports I --ht de, measured bearings and disionces are idents I. •_ D)7hensi4Ps �j� in I on decimots thereof. s=Revotions oltr'p�sed 0 No 'anal Geodetic Vertical Datum (1929) • Line s awn oU side of he no described arc for I e y o'.'� re not surveyed. En e u � I rs rid rod overhangs were not taken .14 nt c i io in pre rot on of this survey. VACANT LOT e s no f t ���. ryryry" • roperty fie within Flao a 'D' per Flood Insurance Rate Map Commu Pa el ali7 67 1500 Dated June 3, 1.986 •ABBREVIATION @n(Tqqq`''} p P.C.P. = Perrn n n nh Point P.R.M. Permon,- knee Monument 0� Rig It hyo , /C = Centerline �6 • C t'e.,lBfdck Structurel�'t >sement, D.F. = Drainage Easement L. - ake'Mointenonce Easement, CL - Centerline Conc. = Concrete, ELEV. = Elevation A/C = Air Conditioner F.P.L. = f7orido Power and Light Company T.O.B. - Top of Bank, T.O.S. = roe of Slope E.O.P. • Edge of Pavement, B.O.C. = Back of Curve B.M. - Bench Mark P.C. • Point of Curvature, P.T. = Point of Tongency P.R.C. • Point of Reverse Curvature e • Fire Hydrant D - Clean out " • Backflow M • Water Meter m = Electric Box 0 . Cable T6eyision Box Q . Electric Pod 1D - Telephone Box IS = Bacterial Sample m = Water Valve = Light Pot& t '3/e' Iron pin with cop stomped LB -43, 24' longund y+ 14"x4"concrete monument 24' long stamped L8/43 o s to to Q h..3.-1 rMenont reference monument GRAPHIC SCALE I `N r TITLE: MAP OF BOUNDARY SURVEY SCALE: LOT 15, 1'.20' TIMBER RIDGE - UNIT ONE, PLAT BOOK 24, • Pwwb wt aartbee 1 PAGES 1-2, COLLIER COUNTY, FLORIDA •wren ewrwwraeeI I N1050-UOI -015-GCSOO I 15 or XXX I 2H-38 EDEN PARK P.B. 4, PG 70 EDEN AVENUE — 80' R/W TRACT A" D.E. & COMMON AREA TIMBER RIDGE — UNIT TWO PLAT BOOK 25, PAGE 40-41 ACTIVITY IIMTKS/EMP. NO.I DATE FIELD WORK/CREW CHIEF i L.H. I AIDIA2 i • S.I.P. O F,LP. . ■ S.C.M.- 0 ARM.- � m"� we . [ccLTpya . 9rgai . LrXM CHECKED BY: I WH0e-02 wp�ty�� FIELD BOOK/PAGE: N1050 PG 57 OAND J. HYATT L77w34 ilOatMyLagCi0�10D.#*bK rwlos - My 09, sada - 07:29:28 JNA MX:\SUR\NIo5o\2H]1015.Mry 10' U.E. S.89'47'l5"E. 50.00' ` � I 177 15 VACAN r 0 I YAOWT LOT t� -H b N89'47'15"W. 50.00' TRACT A" D.E. & COMMON AREA TIMBER RIDGE — UNIT TWO PLAT BOOK 25, PAGE 40-41 ACTIVITY IIMTKS/EMP. NO.I DATE FIELD WORK/CREW CHIEF i L.H. I AIDIA2 i • S.I.P. O F,LP. . ■ S.C.M.- 0 ARM.- � m"� we . [ccLTpya . 9rgai . LrXM CHECKED BY: I WH0e-02 wp�ty�� FIELD BOOK/PAGE: N1050 PG 57 OAND J. HYATT L77w34 ilOatMyLagCi0�10D.#*bK rwlos - My 09, sada - 07:29:28 JNA MX:\SUR\NIo5o\2H]1015.Mry PetrktG. While As'L CoMw Comq An'y. 3*1 TAMWW Tna K" Napk% PL 31119 3031344 OR; 3092 PG; 0419 uco"10 is 0111clll BMW of CUL111 tw11rl, Il 01/16/2112 at 01:SW MGM 1. 0►OCt, C11H He 111 12.101 lata: "I IIf1I011I0/101013101 01 U111I11 OHIO TK%spam for melding AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. �,R C( \ This Agreement for the �4� t it�ipactU tered into this L� ay of �i 2002, by and between Collie Coy1fity'a_Wlitical subdivist to o�the State of Florida through its Board of County Commi sio a here`i Matte refe d to s '' OUNTY," and Habitat for Humanity of Collier Count , � e ne(ftek to O N R,,, collectively stated as the IIJJJJJJ F; c r_ "Parties." C �� RECITAL�i WHEREAS, Collier Coub ina tt ce mo t , the Collier County Consolidated Impact Fee Ordinance, as it may be furtt4r-amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides 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: 3092 PG: 0420 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 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, to „s erre jn'o tjbbe`, regoing Recitals, and other good and valuable consideration, the efpt7 d ficiency of� V i�h ' hereby mutually acknowledged, the Parties covenant and 1. RECITALS IN Ot bl e r "gith$%Akcit4s are true and correct and are incorporated b I'd tent"ereiti.i _s 2. LEGAL DESC N. The legal de ptyi)n dwelling unit and its site plan (the "Dwelling Un�jCi, ttached as Exhi i and is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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 ($7,698.82), 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, �c �arr<s and agrees to comply with the affordab)in impact fee waiv,( qu (rfication criteria detailed in the 3. SUBSEQUENT which is Unit shall be soldt4� o persons or housef set forth in the Imoa 1 rdinanee. In Dwelling Unit, the sells the Dwelling Unit purchaser, the Dwelling the waiver qualifying criteria of sale or transfer by gift of the liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance 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 - C.01 0 %93- r. -J. rb 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 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 .��lf�ct completion of this Agreement's requirements afterjf( yi'( t 5) years from th 111ate of issuance of the certificate of occupancy, or up6n Horl-pays Tnt�o the ived i pat fees, the COUNTY shall, at the expense of e , re oo a C. d umentation evidencing such payment or rele i ieh 9. BINDING EFFE} is Agreement shw� land and be binding upon theO Parties to this Agree m c their heirs, su , and assigns. 10. RECORDING. This Agintishorded by COUNTY at the expense of N COUNTY in the Official Records of Collier County, Florida, within sixty (60) days oma after execution of this Agreement by the County Manager. �o N 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 noncompliance, 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 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 IN WITNESS E by an action or paid. Impact Fees on the date and year first above written. Witnesses: OWNER: or otherwise enforced by the law or equity including the The COUNTY shall he attorney fees, plus calculated on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. ?M.;D,, BY. Samuel J ursPresident - 5 - OR: 3092 PG: 0424 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 6th day of August, 2002 by Samuel Durso, M.D., President of Habitat for Humanity of Collier County, Inc, He is personally known to me. [NOTARIAL SEAL] Signature of PersmfTaling Acknowledgment _Lauren J Beard Name of Acknowledger Typed, Printed or Stamped r - — i� `ti LAUREN J. BEARD �j MY CIOMMISSION♦(T rms 401 h0/ E%PIRPS 10124=! STATE OF Florida COUNTY OF Collier COLLWR-COUNTY, FLORIDA V. MUDD, COUNTY MANAGER The foregoing Ag re adkd�edge� befo In i Is day of 0r i r„ , � , 2002 by James V. Mudd, County, Iger on behalf of thO e is personally knoA to me. 0 (NOTARIAL SEAL] Signatn qb ledgment C l is„lr.'J—� —llr'r:rc� Name of Acknowledger Typed, Printed or Stamped Ap royal Recomm ed Denton Baker, Director Financial Administration & Housing roved as to form and (eg-c c t t 11 / Patrick G. White Assistant County Attorney N hSl'18P1 10"+:IXL' Lt04)NOTARI H, �.tv.5n,¢oh R,nY tb OR; 3092 PG; 0425 EXHIBIT "A" LEGAL DESCRIPTION LOT 16, TIMBER RIDGE, UNIT ONE, BEING A SUBDIVISION OF TRACTS 5 AND 6, EDEN PARK FIRST ADDITION, RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING PART OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST. Type of Impact F _ A. Library Impact F` B, Road Impact Fee �1 C. Parks Impact Feer D. EMS Impact Fee , T� E. Educational Facilities Systemml F. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED FEE - 7 - Ew count Owed $ 214.00 1,825.00 1,195.00 93.00 1,778.00 tl 7.98 $4,622.98 23Z 18' I ( I I I 14 VACANT LOT ( I I I pin with cop stamped 1.8-45, 24" long rets monument 24" long stomped L8/43 QE: I CLIENT: 08/2oa2 TITLE: .fiWWYfR0NWAe* ' 1'-20' PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COUNTY FOR THE BENEFIT OF: HABITAT FOR HUMANITY OF COLLIER COUNTY That we have performed o Boundary Survey for Lot 16, Timber Ridge - Unit One, Plot Book 24, Pages 1-2, Public records of Collier County, Rondo WilsonMiller, Inc. Reg. Engineers and Land Surve ors 3200 Borley Lane, Suite 200, r41) 649-4040,+' .i Naples, Florida J4105 2J AJ yxa% August h• 2002 David J. H fG PfloW. L$j58J4 - Dote Of Survey CERTIFICATE 0'F AUTHORIZATION ,/ LB -4J ; Not valid without the signature and the original raised seat of a f7orido licensed Surveyor and Mapper. This Boundary Survey is only for the lands as described. /t is not o certificate of title, zoning, egoments or freedom of encumbrances. , "moorings ore bo 5p�th R/W line a Eden bearings a being 58947'!5'E Unless coatponson D measured bearings and distances ore ldenbc I OiFien;ipA; or in feef\ nd ecimols thereof. i =6 motions a sed on oh of Geodetic Vertical Datum (7929) • L' sh wn ut of a to d descnbed are for b rrrqqq fe at surveyed. • ✓Ude nd{,foq a of verhongs were not token m o o s tion ratio of this survey. r�, n„ not rn .�C"M • Property lies lin 4an "0' per Flood Insurance Rote Mop Corn wion / 1 7 1500 Dated June J, 1986 • ABBREVIATIONS: -I 0 IN P.C.P. - Permanenttyryl POW\P.R,M. - Parmone f W nce Monument �R' ht -o L = Centerline Qjfe¢ e k Structure S ant, 0.E. = Drainage Easement L.M. �--Lrok2 Maintenance Easement, CL =Centerline Conc. - Concrete, ELEV. a Elevation A/C - Air Conditioner F.P.L. = Rorida Power and Light Company T.O.B. - Top or Bank, T.O.S. - roe of Slope E.O.P. - Edge of Pavement, B.O.C. = Back of Curve B.M. - Bench Mork P.C. - Point of Curvature, P.T. = Point of Tangency P.R.C. = Point of Reverse Curvature o - Fire Hydrant D - Clean out .+ - Backllow IN - water Meter m - Electric Box 8 . Coble Television Box ❑E . Electric Pod m Telephone Box 0 - Bacterial Sompte oa Water Valve = Light Pole o s ra no w GRAPHIC SOME IN TIMBER RIDGE - UNIT ONE, PLAT BOOK 24, PAGES 1-2, COLLIER COUNTY, FLORIDA Mho .. tItlNMFfFM•owmmwww mm IN1050-UOI-016-GCS001 16 of XXX I 2H-38 w O N ro O O •iy N Cn I 1 EDEN PARK P.D. 4, PG 70 EDEN AVENUE — 00' R/W ACTMTY TIMBER RIDGE — UNIT TWO PLAT BOOK 25, PAGE 40-41 DATE I APPROVED: FIELD WORK/CREW CHIEF L.H.18101102 DRAFTED: LTM/436 -OA-02 CHECKED BY: IDJH -OQ-02 FIELD BOOK/PACE: N1050 PG 57 DAV/D J. HYA77 Aug 09, 2002 - 01:29:80 .INA KRjx:\5UR\N10'JD\Z"3Wi6Awq TRACT "A" D.E. & COMMON AR& • SLP O F.LP. ❑ P.R.M.= m' MMn . 861wrEc0k0w . swvlpm . Lm" t0' U.£ S 89'47'15"f. 50.00' U.E. — — — — — — — — — — -- -}—.10' I — — — — — I R co N 15 VACANr Lor CANT o �a I ( YACANT LOr N.89'47'15"W. 50.00- ACTMTY TIMBER RIDGE — UNIT TWO PLAT BOOK 25, PAGE 40-41 DATE I APPROVED: FIELD WORK/CREW CHIEF L.H.18101102 DRAFTED: LTM/436 -OA-02 CHECKED BY: IDJH -OQ-02 FIELD BOOK/PACE: N1050 PG 57 DAV/D J. HYA77 Aug 09, 2002 - 01:29:80 .INA KRjx:\5UR\N10'JD\Z"3Wi6Awq TRACT "A" D.E. & COMMON AR& • SLP O F.LP. ❑ P.R.M.= m' MMn . 861wrEc0k0w . swvlpm . Lm" Prep uvd by: Pat" G. Wbite Ar'6 Collier Counly Ally, 3311 Twn LuW Trall F. t NIIpk4 FL 34112 2894199 OR; 2934 PG; 2568 RECORDED to 0111CIAL RICORDS Of COLLIIR COUNTY, IL 12/03/2001 at IMAM DWIGHT I. BROCA, CLIRE R¢tn' RIC fit 31,50 HOUSING 1 URBAN IN?ROVBMENT INTBR OPEICI TO NUI This npYce for rrrurdinp AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Wui�r®tiucltered into this L day of l a, 2001, by and between Collier Crt,,�x(political subdivilr�Hoard of County Commissi nr'naNt t—refcrHumanity of Collier County, Incai1ft� iZt„Parties.” WHEREAS, Collier C6d`6N\prdinancc No. Impact Fee Ordinance, as it may State of Florida through its " and Habitat for " collectively stated as the County Consolidated to time, hereinafter collectively referred to as "Impact Fee Ordinance '�provirles 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 - rn asa N W d+ M rn N 0 0 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 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 cold valuable consideration, the recei a the Parties covenant and agree as f f1 >wsr. I. RECITALS INC RP AT II incorporated by ter ne he -i 2. LEGAL DESCR 11`1, N. The (the "Dwelling Un uthrc herein, C °, iency o as Exhiti%" Recitals, :aid other good and mutually acknowledged, true and correct and are ling unit and its site plan incorporated by reference 3. TERM. The tern of this AgrCrit5&E—R-TC)r no lunger than a period of fifteen (15) years commencing from the date the certificate Of Ocupancy 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: 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 - 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 o ($7,698.82), as set forth in the attached Exhibit -13," incorporated by tr— "' reference; and N o.. e. In return for the COUNTY'S waiver of the impact fees otherwise owed by d' OWNER, OWN mrev, L m aus and agrees to comply with the affordable ts I impact fee wtiiv rt t ificatiun criteria detailed in the p Impact Ne dttrmce:-y_� 5. SUBSEQUENT' RA 'E tpjr- n �fy- N R sells the Dwelling Unit which is subject to a III l IV iJr- u ; SLf ee ttc t purchawr, the Dwelling Unit shall be sold 11 to persons or house ds n Ceti t e waiver qualifying criteria set forth in the Imp. Ordinance. Int tt �K f ole or transfer by gift of the Dwelling Unit, the origi 4NLR sh;tl4-rr It4tk table for the impact fees waived until said impact fees are paid it ftf rSU111fRTj6C-cundilions 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 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 e1Y'ectivc date of this Agreement and continuing until paid or otherwise released the waived impact lees shall constitute and be a lien on (lie Dwelling Unit in the amount of Seven'H)OLIsand Six Hundred Ninety- - 3 - r-+ e�— ars N w nG 0 Eight Dollars and Eighty'I'wo 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 01' 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 parunwunt 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, requirements alter I- years from occupancy, or upon prt mymeno-.u�ur� the expense of t e C H" Y r payment or releu. ert�t ie� 9. BINDING EFFE 'his Agreement sh Parties to this Agree iu - nd their heirs, 10, RECORDING. This A oast tIshuU_I COUNTY in the Official Recor s oft'( completion of this Agreement's issuance of the certificate of tees, the COUNTY shall, at ion evidencing such and be binding upon the assigns. COUNTY at the expense of County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if; a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact 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 tor a period of fifteen (15) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are cumulative with tiny other right or remedy available to the COUNTY: it. Should the OWNER of the property: ( I ) fail to comply with the said qualification criteria at any time during (fie fifteen (15) year term; or (2) violate any provisions of this Agreement, then the dollar amount of impact reel 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 Paid, IN WITNESS WH an action or Impact Fees on the date and year first above Witnesses: real OWNER: or otherwise enforced by the luw or equity including the The COUNTY shall be inluding attorney feeS, plus s } dculatcd on it calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUP Y, INC; t3Y;' ' f arc %r .► may: Samuel J. Durso, M.D., President - 5 - STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before nw this _ day of 2001 by Samuel 1. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment wuZal VwA �AM14 "�r„Y, Name of Acknowledger Typed, Printed or Stumped M N COLLIER COUNTY, FLORIDA The foregoing by Thomas W.011il'I', [NOTARIAL SEAL] Signutufet"o1Wson Taking Name of Approval Recommended Greg Mi Director — Housing Urban hnprovement - 6 - W. OLLIFF.DUNTY MANAGER .F _day of 2001 is nersonul1v known to me. MARY E. BECK MY COMMMION i C M58 LMM ApW r- 3W or Stamped Approved as to form and *a] ssutI epnvyy: (ja Patrick G. White Assistant County Attorney A N g 0 o STATE OF Florida COUNTY OF Collier The foregoing by Thomas W.011il'I', [NOTARIAL SEAL] Signutufet"o1Wson Taking Name of Approval Recommended Greg Mi Director — Housing Urban hnprovement - 6 - W. OLLIFF.DUNTY MANAGER .F _day of 2001 is nersonul1v known to me. MARY E. BECK MY COMMMION i C M58 LMM ApW r- 3W or Stamped Approved as to form and *a] ssutI epnvyy: (ja Patrick G. White Assistant County Attorney EXHIBIT "A" LEGAL. DESCRIPTION LOT 10, BLOCK 10, NAPLES MANOR ANNEX, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 110, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBrr "B„ OWN s• a rn t1' 'type of Impact Fee A ount Owed C4o A. Library Impact Fee ' " y 214.00 B. Road Impact Fee l i� tt� 1 825.00 C. Parks Impact Fee; F 820.84 D. EMS Impact Fee d 93•(x) E. Educational Facilities S S e5 ml act Fee iS 1,778.00 F. Water Impact Fee l Cl 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 - ..0 •1' N m w1i� EI it Vol f 0 1: 1411 I10i .1, l 1 M" r' Ny,n ✓•a "I IUB i W .•w J ItG r4 W a•FV e . r ,"ort.ro A. 'E Lee:w a I,UT ,of O ,0 IAIT 11 . C7 Y•y,pyr 1^ i4rONV 11 �N urn'✓. 1/w.: 4Nsd.'irar, rYwo y � 1 l,l ss • Y.e wrKN � W ti..«� 6. � � � ylY ewxw w'ipi { «I:Are AW N : 1r w oerur Vr ra . n ww .wn 'f'hd M T Ad:r e�iusi'rr wM1.•� tttt (n h.l rover • erdu A CIA :wNr E: Gw �='�•-"m wwam uvmu Iw In o asr i. OTs ol. .A.. r. vrW� "m rY✓ r e I V urxn. Ness vl s' ♦ N 5U'2!1'90"30" R elo 00, p,e s/ 4 uv Yw:Y�e� YI • Y1Yrr tWN•i MNr • �Y�arlrryu�en� :•YeW r �W ------- 40' DRAINAGE CANAL r STATE Of FLOd0A) COUNTY OF COLLIER) I, Dennis Y Pottrld. Sr, a 14e91stsred Land Surveyor Y1 the Stote of (Iw Wu, hmeby cnhfy to Nuhadt 1w Nano nnly nr I'ofuel Cow"ly, Ino that tire fo•rd"nq Piot represents a survq of the follosmq chombed nembes LOT 10, BLOCN 10, NAPLFS IAANOB ANNCA. as rs.,ded N) Plat 9oo4 1. Poye 110 of the Pob0a Records of CoIlle, Courtly, Flwldo. That a survey of the above described Prpxfy wm made undo my dweolrurl and masts the slNwnurn technical Standwds os Per Chpter, 6IG17-6 Flwida Adminubabve Code, Pwsuunt It, Secllp 472.047, Florida Slalom (hero we no Noble encroaahmenls other thun Shorn, no torments or quarts of sosenenb of which re have Fncriedye No bile cearth hos bear made by the surveys, No allempt End, toted made to locate foolery beorolh It,, surface Street AddI IS 5338 Shdll Street, Nopres, FI. Bsornas conform to Plat Boots 1, Page 110 Elwlwns we N G V0 run In trout Du •r.z SO-------------- _ ------ P,dowty Is in Flood zone •At' NOTES k REVISIONS BOUNDARY SURVEY PAtM q rots 100 -year Aootl afe--._—.,__—__�.J_ —,.— ED 4) jlz--1657D DNG iD�J I= (L_Nj NIlIY4T NR NUMANIfY 01' COLUn COUNTK 1NC PORTEUA-ROME ASSOCIATES INC LB /5120 2364 Urrwa>u AVE MAI FL 34112 Dennis M. Porlello, S. ITS /4501 Not valid unless mgwd and sealed ------------------ —�- ---- SCALE 1'- xo' wt( atptrn 19, xoat WO 4mbo8se4 teal-----------"---------------- (941) )15-6511 Nporcd hy: Patrick G. whar Am% Collier County Att-y. VI Tatnimni TM11 F:asl Naples, V1,34112 file# 01.175.1 3245780 OR; 3311 PG; 2520 RICORDED in 0111CIAL RECORDS of COLLIER COUNt1, IL 0812212003 at 10:27AM DNIM L BROCt, CLIRE RIC E11 37,50 COPIES 8,00 Retn: t2NANCIAL ADMIN E HOUSING INTIROINC1 A??N: LAUREN BEARD(103-2338) Thtx %pmv Por rm"ing AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE; -FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the be",61 ,) ()(1%f),IFnpact Fees is entered into this ,(_ day of t f 2003 by a , N�n Cod Collier ''v a Political subdivision of the State of Florida, through its the Diu: d o t:.yl y�ljimi jo ers, h in Rer referred to as "COUNTY," and Habitat for Hutnani�,- tc.Ijj�r u� if prig tie all r referred to as "OWNER," Collectively Stated as the WHEREAS, Collier (flnW Ordinance No, 20111)/the Collier County Consolidated Impact Fee Ordinance, as amende�y�may be further amended from time to time, hereinafter collectively referred to as 'Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on rile in the office of Financial Administration and Housing Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and hits found that it complies with the requirements for an affordable housing 100% deferral of impact fees as set birth in the Impact Fee Ordinance: and OR: 3311 PG: 2521 WHEREAS, an impact fee deferral agreement may he presented in lieu of Imyment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral: and WHEREAS, pursuant to Section 74-201, E.I.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, THEREFORE valuable consideration, the eceI tvi I the Parties covenant and a ree wt -1 1. RECITALS IN Zy incorporated by` (gfencc herein. 2. LEGAL DESIO The legal 0 (the "Dwelling Unit") '�aft herein. Housing. of t4 oing Recitals, and other good and f whi 11 is hereby mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 5. SUBSEQU which is OR; 3377 PG; 2522 payment., to purchase and pay for the Dwelling Unit will remain witimi the affordable housing guidelines established in the Impact Fee Ordinance; Owner is a first-time home buyer; The Dwelling Unit is, and will 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 $12,389.98, as set forth in attached Exhibit -B," incorporated by reference: and In return for the COUNTY deferring repayment of 100% of the impact fees owed by impact fee Unit shall he sokf,;Otily to persons or criteria set forth in the Dwelling Unit, the later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee If OW NER Belts the Dwelling Unit )the quent purchaser, the Dwelling eeting the deferral qualifying se of sale or transfer by gift of shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deterred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Twelve Thousand 3 OR; 3311 PG; 2523 Three Hundred Eighty -Nine dollars and 98/100 !$12,389,981, 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 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 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 that this lien shall b, tttSta 8. RELEASE OF LI i requirements, i ch.pg.. , the expense o th t/C�U�1•i payment, inclu Ct but not limited to, 9. BINDING EFF his Agreement Parties to this Agree a t; t t het ! -.a y �4� i� j 10. RECORDING. This Agree en1-s'tial mortgagee, or other person, except taxes. of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the I nd assigns recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall he in default of this Agreement and the impact fees immediately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified Impact Fee Ordinance 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 plus an additional 10th, delinquency fee and any interest due from the date that those impact fees would otherwise have become due as Set forth in Code d .L OR: 3377 PG: 2524 of Laws Section 74-501, B. within n„rty (30) days of mailing of written notice ol'said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Hee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any provision.yy}}�� yf%-this reement, then the dollar amount of impact 111 id fees deferred^ dIl spin fa tj 'NER to the COUNTY within thirty (30) day%/6I' vriticn notification of h. Should thV OWNoehe ise in dfad t of this Agreement, and the default is 11101 :,ure it inY a er mailing of written notice to the O 1� A. the COUNTllllta�hri�'{' civil action to enforce the c. In addition. or otherwise enforced by the COUNTY, by action or"stirtiii-raw or equity including the foreclosure of a mortgage on read property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for ,judgments calculated on a calendar day basis until paid. 5 OR; 3377 PG; 2525 IN t, PI'NESS WHPREOF, the Parties have executed this Agreett,.:nt on the date and year first above written. Witnesses: Prin Name, n Print Namedy> STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement Samuel J. Durso, M.D.. Presidet known to me. / C (NOTARIAL SE u"iss6cnp>nS August 1. COLLIER COUNTY, STATE OF FLORIDA) Hahi'or Gittanityhr .ollierCounty, Inc.: By: Sat cl J. Durso, M.b., President B c me this = dayoI" ,. , 2003, by of Collier County, Inc., is personally Acknowledgment -e r COUNTY MANAGER COUNTY OF COLLIER) The foregoing Agreement wits % "` s acknowledged before me this ; t day of 2003, by James V. Mudd. County Manager. on behalf of thg COUNTY. He is personal) known to me. _ 4/-� e -f [NOTARIAL SEALS Signat re of Person Tak+x c nowledgment Lauren J. Beard `F : Commission ODD 159084 Expires: Oct 24, 2006 •,rt;o. � 10�' Bonded 17,ru ktiantic Bonding Co.. Inc Approved as to form and legal Sufficiency: 711.4 Patrick (11OW14,46. fj�— Assistant County Attorney i ML Financial Administration & Housing Il OR: 3377 PG: 2526 EXHIBIT "A" LEGAL DFSCRIPTION Habitat for Humanly of Collier County, Inc. I.ot ld, Block 11, Naples Manor Annex, as recorded in Plat Book 1, Page 110, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPAC "BREAKDOWN '�. Cott Type of Impact Fee �0Owed A. EMS Impact FeeSy 00 B. Correctional Faci itie. III 4't -.ick C. Library Impact F e � 2 I• E D. Parks Impact Fee. $ .19 E. Educational Faciliti v 'tem Impact Feed V II F. Road Impact Feel IE G. Water Impact Fee - $2.570.00 H. Sewer Impact Fee $2.950.00 TOTAL IMPACT FEES $12,389.98 tKiN'1°onnaR:�gtecinenlJ:\(Im.ga10 MN Ikl'emal Agmvnlent 10307(11 111K0 7 *** OR; 3377 PG; 2527 *** t1-(MIIRN e :(tVerrd , . ( r.JInrIJ \ �nD11 .i.: hN+eIN IMht0 i • new RR r.''u-.1 I rlt �I '?" \ ii IF : r.s•M.e ' I In.n�. UI. ..: cyFliPr+ •, r'� � d•i �uwr. 1111 LI HAIIJ LILNN / fOxne rwMm NAf1 t' MANIIF ANN( X. •A-! n -.-I-1 m f•nl P....4 1 !M • Iht RI ' IrMr . i arsx. nrrr M amrto _ w+xno •Mur + NN•AN4 orµn ntr ' w11i5 oM.RY r•'MN ^.rIRNRXSrtm lM ttnr 1'•C ) rr\ 1 Rlrl d wR v R5. airl Sxwt ,trn ffI ^moi` M • fAtla ,,1 r ses N\ I.N. wrn,na f�y�'y({�\ ®p�^� + -nRINMxr Y1 �Oy � \ F f� \ 1l s v\ � S t c' , I. \ \, s. o`�,c' .5,,• s Gal d` eS % In � StAEt. OF rLOPiDA) 40pN1y OF COL!IFPI see iolrt•.. 1• pemus M Pnrlella. C a Rpyelned Land Snrveyor in the 51ate at rio ida, herebv cortdy to h1b.111 For Mammdy of IlNber Caanly, Inc. that the lotegmnq clot leer"ems a duvet al the foiln..oq descnbed PremKes that a sarvey of the nneve des; rrnea NOPerty as made and" my d,erbon and meel5 the Mmlmum lechmcol St,m4wds os Per Chapter 6IC17-6 Flar.do Adm.mM,,lnr• Cod, Put SaaM to Sedloo 4720,1, Faorldo Statutes mere all na visible en000rhmenls the, than ,harm, nn ca•emenls c .'Jams of eo,emcn15 of wh,ch we have Inowledae No Idle seorch has been made by Iha ,alvwr No at,,,I has t,n made to focole footers beneath the tartare Stleet Addles, Is 97� A Shoilt SlraO. NOPIes, fl. Beorings raM.rm to P1.1 --- _----- _--_ --_ _-.._______—_ Pl,avf, are Fl G Flood run m Imm BM i -.SO _ REVISIONS BOPNOARY SURVEY _ RICPA14'O ldt 100- ly s m l,lone '-42' 0 TB --1 F41 -F56 Dvli D_, - �-H.----_- 1(10-Mat IIOOd lllvallOn , J.{1 _. , NM,IIAt fp1 MIINNtty pf (OIIICR f0.Fiy, M. -- PORTELU-ROVE AS,SOCIAIVS, Rio 1P 98129 Dooms M. Portella, 51, PE #4904 :164 Ll"" AK )UAPLES. ft. 34112 Net vabd unless waned and sealed -- - ---—"---'—'------- --"`-- SCALE 1': W [Ntt .My 26. taol ,nth embossed seat ----- -- (941( 775-6511 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this Z day of 1998, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH; WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the 1ur_tx�4bp; System Impact Fee Ordinance; Collier County Ordinance No. 88- 6(""s' mended, the Facilities Impact Fee Ordinance; ,ol er Kounn ty%rdirta County Emergency Medical Ser is a t No. 92-22, as amended, the C u d Ordinance No. 92-33, as amende �eff \Collier County E Ordinance, as they may be further �" ndo from time to as "lmvact Fee Ordinance", provide for �f\fir f mpgt unit qualifying as affordable housing; and Parks and Recreational No. 4-71\as amended, the Collier County Ordinance and Collier County System Impact Fee collectively referred to owner -occupied dwelling WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98- 33L at its regular meeting of,__Z . 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees /taf a eRn$ hl in Ts �emain as affordable housing and shall be offered for sale in ac -Grd`)K .with the standards se fort in the appendices to the a� Impact Fee Ordinance for a peri of tReen (13 com_ encing ro the date the certificate of occupancy is issued for the D ell' g Atte D 4, REPRESENTA--O 1V)A T ' O t sents and warrants the � �� following: �0 a. TheDwelling U its Iry be sold too sipJ with a very low income as defined in the appeltrii ds t �ritpactt Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER, If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6, AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, - 7. LIEN. The waived effective date of this non-compliance with the 8. RELEASE OF requirements and fifteen (15) upon payment of the waived record any necessary documc limited to, a release of lien. of e#iaZl-�e��y on the Dwelling Unit on the lien may be fo%Ze ole upon in the event of � �a)j�a �y°i cbyjfpl of the Agreement e at -6 ' su cc tI(�e r tcate of occupancy, or the COUNTY sl} i, t(,� ense of the COUNTY, ;n iinng the terminal' �i t to lien, including, but not \ l.l: I 9. BINDING EFFECT, This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the can of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied, In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING, This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES, Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commenci g-on-th effective date of this Agreement and continuing for fifteen (15) years from th{9 ssRCatie Ot�t� Iticate of occupancy or until repaid. Such lien shall be superior d aramount to the intere� �in e Dwelling Unit of any owner, lessee, tenant, mortgagee, rot er, peisox t thne li n for on taxes and shall be on parity with the lien of any site �C uttlty C xen S u U R e in default of this Agreement and the default is no 'L within ii d 'afte rift inn tice to OWNER, the Board may bring a civil action to a Tq#c this agreement, I d' io t t lien may be foreclosed or otherwise enforced by the COUN tion or suit i u�4(y s for the foreclosure of a mortgage on real property. This remedy is eu tufitivt�i�tc�ru other right or remedy available V to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for N judgments calculated on a calendar day basis until paid, IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. BY harles C. Srni , V' a President - 4 - DATED: 9lli ATTEST: DWIGHT E. BROCK, Clerk Att 't as to Chairuft,$ 8*81are only: Approved as to, fomr and legalsufiicirncy Heidi F. Ashton Assistant County Attomey STATE OF Florida—) COUNTY OF Collier ) The foregoing instrument by Charles C. Smith, Vice Presi known to me. BOARD OF COUNTY COMMISSIONERS COLLIER COUN'rY, FLORIDA 'FrWay ofc}��• 1998 ;y, c. He is ersonally [NOTARIAL SEAL] SI-4of P r% eking Acknowl Name of Acknowledger Typed, Printed r Stamped '3 N JOANNE DALBEY � MY COMMIU M/oC7J%IJ kjo �O �.pp.}NOTARY 11. Nary 5a a ao.da C¢ jd/pVc/naples nunor lalwa/agree — 5 — OR: 2457 PG: 2600 EXHIBIT "A" LEGAL DESCRIPTION LOT 7 OF BLOCK 6, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. _- �d-\lE7 clll Z� EXHIBIT "A" VeR �� 'P'a,vo 3 E 1 V SRON =/%TION AGKNOWI.EDGMCNT ♦TATc a rwwlDA Go„ -Tr a co.4aw Y -I% DAr[ LLf DwL .rc <♦t IwLLC N'YLr TrMT rwRW I WJG•Y Giwrrl v: • V^' Owl•Ow NTgY V.gLN .ML Kw[OYI wC Sr°C„4n+C0 [CGwLTn4Y wL L1LG wLr0Y00f pWKw♦ OI +K �To YL M/rr4 O[VCLOnCw••ry n CNwMwAT10 ;JNOCw_ GwJKO 1110 FwMC YyM Kw/6TyaL ULC L'✓G'wL IG NY♦ WaO GC/tG VCO K ID GOPwO OGDK.• ANp LAwiC Tic. AND TwGr AC %Npw..LDPGD T1r( L%LCVTWN eKLrL, •VLNIKL, •wyL TO wC * Mrw vel•[ Lv ,. ra0 MLD A. 6 -lo Vw TNLLL W1,[K O[ •."L r ^•1' •„O VwIO iL♦ CwC• C C/WNI• 1N1{ JLO�L•TgN prrK•Cw[ [OF G VLL♦ nrp pLWGA.IPN Il { IK1rOf N• •4 • c4. MLNr1GNCO nwp [ •+•� pC VCIOwCwY r„G .D, Ti LTLO . I, ITf AT fM c,I p pGCP O w I,• ,. 0� NLO A LAID PJwPUwwegN .aA%. xYCLewc+L ...c wlrYc.+. 1,v N• -o ••rp oI'f.c •_ 4 ^J cOLVcw cover.., ...0 A. •wn ld'ijlu o_•�'L•`-o. TT.ri.Lw ITLiIG.i�NS— Ivwe /� y��iyT•Y ..wP[ •L4ww L,.Lr yww NwVG Drc.•� •.t.t-�� ;�N. .....i ..N e1j[ i,'�> ZI-II- ���J y� ,1/ + 1/•1 a M4 cOcj r• ` • ,i 1 •. � �� � t To �' v w, • i •k ✓ i[ww ri �' /, y 1 � `\ ,h'r .ar. •� ♦. c'ly ♦ ,��'; `' � 11 Goa ♦ i Y• � �` � x i ♦ • • %b _� as � / � • � ///�� \c �� �I 1f T Ny �r y' 114 I_. J �Q IQ 10 • : Y by ! •' `.`T, / /• 1/- _ r GG Lo Y`T 4 11"Iftr °Cw flIY TNAT T.w ,Adw ll�LGN �//'• sLwNINCD •Y L D I nN0 +NAT ♦LIp A KAT GO VwLI[{ WIT- YNC wLOVIwMLNT♦ ♦ LAID ••il [.I rVYNLWw LC[OwfTIRMr YO, wIDw Lrap l r 1Y�✓or 4N AL♦'ILAT LwnoAT L y LVGw �APCL_ILOwIPAN Tf•LDAY or Ow 1 pL�L•L A.D. .♦w • p D;A ,yu IL IAT •OOa „O AT IAOC N6 _,,,••I, j P•T NL IV/..IG +cmwD• or ;PLL4w 4 t COINTY• rj.owlDA. -7- 3* K f 11t„ 265N OR; IM PG; 3M Be 111 21.60 lLiIB' ytto� III 10AID Wool u lioli0It Of 0111CI/101131010 I44IWuourt, 14 C01113 6110 'IVAEMENT FOR WAIVER OF COLLIER COUNTV IMPACT FEES This Agreement for the Waiver of Impi a Impact Fees entered into thisy of «._ 2000, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER," WITNESSETH; WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County ordinance No, 88-97, 0 amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recr at' r1afl"pact Fee Ordinance; Collier County Ordinance No. 91-71, as dcidl( Collier Cou to j 6r ncy Medical Services System Impact Fee Ordinance; Col t � er out�ty�l�inan e '. 92.22, ended, the Collier County ._� Road Impact Fee Ordinan c; of ter nt un 2.3 , as amended, the Collier County Educational Faeilitie �Y tem Impact Fee Or pane ; Mier County Ordinance No. 99-52, the Collier County Co cfit I Facilities ImpA�ct, _ t ance, as they may be further amended from time to time, her t attleff ed to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner -occupied dwelling unit qualifying us affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file In the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNEws application and has concluded that it complies with the requirements for an affordable housing waiver of Impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite Impact fees subJCCt to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project 0 illglbie for an impact fee waiver; and -i- WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000-L8A at its regular meeting of - ;kAt,42.2 2_ 2000; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the CQVNTY, NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows; I , RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2, LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein, 3. TERM. OWNER agrees that the Dwiling Unit shall remain as affordable housing /' ,i2 CO and shall be offered for sale in a e r d with tk-s a a f' set forth in the appendices to the I Impact Fee Ordinance fora ri tf tleen-(155) em com net from the date the ceniticate of occupancy Is issued for t e D et in If:, R 4. EPRESENTA �d IN 0", J R represents and watrnnts the following: �+/ 0 a. The Dwell n 1.tt shallbt;�illit tt y`b whold with a very low income as m j1E CIRC N defined in theappcnc7Tves to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the w affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b, The Dwelling ()nit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; It. The Dwelling Unit Shall remain as anurdabie housing for tincen (ts) Years from the date the certificate of occupancy is issued for the Dwelling Unit; and c. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,586,34 pursuant to the Impact Fee - 2 - Ordinance. In return for the waiver of the impact tees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. $, SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance, 6, AFFORDABLE REQUIREMENT, The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period oiler the date the ccrliticote of tmupancy is issued; and if the Dwelling Unit coong to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY 7. LIEN. The efft ive date of Ibis Ag em nt;�mcnsnea noncompliance with there uir t 8, RELEASE EN. '-6 requirements and fiRcen (15) ancr the date C� upon payment of the waived imps'*'Y P4 'Clip upon the Dwelling Unit on the bl� r�Cl sed upon in the event of ry= Iction of the Agreement xJ a�c�dw tic certificate of occupancy, or 0 *Jlal , al the expense of the COUNTY, ?° record any necessary documentation evidencing the termination of the lien, Including, but not limited to, a release of lien. o. BINDING EFFECT, This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal repicscntotives, successors and assigns, In the ease of We or transfer by gill of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall ran with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. to. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days utter execution of this Agreement by the chairman ot'the Board orcouory commissioners. 3 - 1 I. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER W15 to cell the Dwelling Unit in owlilitnii Wilk the wilvf04bli Hasps stuntlw il; 4110 qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non•complionce, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation, 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance, OWNER agrees that the impact files waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from eA�[ jsg l� c f tf repaid, Such lien shall be supe '@r d paramount to th owner, lessee, tenant, mortg ce, or Fther n e ilii liens parity with liens of any sue Cc t to s, S o 1 Ric r� and the default is not cured t 0)1a�ftm- 'rte m bring a civil action to enm for agreement, to i o otherwise enforced by the COU b pption_or:�pi(l� N certificate of occupancy or until in the Dwelling Unit of any founty taxes and shall be on default of this Agreement OWNER, the Board may lien may be foreclosed or as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY, The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written, Witnesses; An' ame PrintNamecefwc Giil: Ridy lki ta HABITAT FOR HUMANITY OF COLLIER CO NTY DY' <�� Samuel urso, M.D„ President - 4 - STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this�'day of 2000 by Samuel J. Durso, M.D„ President of Ilabitat for Humanity of Cullier County, Inc. He rsonally known to me. [NOTARIAL SEAL,[ Slgna(ute Of F6t5D11 ftA4 c mowlctlgment IauRENJ.BEARD MY 0001910" CC MI" Mips 16M. DATED: G Z �v ATTEST: DWIGHT B. BROCK, Clerk Approved as to form and legal sufficiency Thomas C, Palmer Assistant County Attorney U•vcCr) ) of Acknowledger Typed, Printed or Stamped t0_ch imm's - 5 - COMMISSIONERS CHAIRMAN EXHIBIT W LEGAL DESCRIPTION LOT lb, DLOCK 2, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK'FHEREOF, AS RECORDED IN PLAT BOOK I, A I PAOD IOI, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 6 - Prepared by, Patrick G. White Asst. Collier County Atty. 3.101 Tarulturl Trail Fast Naples, PL 34112 File# 03 -163 -IF 3201500 OR: 3314 PG: 3463 IICOIDII it 0111CM 0001111 of C011111 CM, 1L N1121=111 at 11:2IY 0111711. U013, CUR Be 111 M9 Rau: tIIUCIAL ANII i 10111116 IM0111 I ARI: LAIUI IIW1413.2I111 This space for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defe al't, kO9 b( 2003 by a een Collier Florida, through its the Bo of �nT-COmmim and Habitat for Humanit o @� u collectively stated as the ` it l RECITA WHEREAS, Collier 4:3ob nly,Ordinance No. Impact Fee Ordinance, as time, hereinafter collectively referred to as Fees is entered into this 2�ay of F�+ subdivision of the State of referred to as "COUNTY," referred to as "OWNER," Collier County Consolidated be further amended from time to Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100°% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3314 PG: 3464 WHEREAS, an impact 1'ee deferral agreement may he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-201, E.I.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, THEREFORE, valuable consideration, the the Parties covenant and 1. RECITALS incorporated by 'nce herein. 2. LEGAL DESCR The legal (the "Dwelling Unit") ®s�tl�d a; herein. Housing. Recitals, and other good and mutually acknowledged, are true and correct and are dwelling unit and its site plan and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR: 3314 PG: 3465 payments to purchase and pay for 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 remain, the homestead of (fie 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 $12,389.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWNER f housin map t Ordin nc dur 5, SUBSEQUENT TR S which is subject e h Unit shall be sol criteria set forth in th )W��>ntiLnolalater than the expiration of the TERM, :j$ ddvvenants-a�g es to comply with the affordable fee deferral quail fica, n iteria detailed in the Impact Fee iQ the term oAl AereeMen't. FEjR;�RPp Y Vf WER sells the Dwelling Unit pa\\crmffEde) or al to su ; ' uent purchaser, the Dwelling to persons or e,I" eeting the deferral qualifying �ltt.!ee OrdinatrC, .-fit - e case of sale or transfer by gift of the Dwelling Unit, the ori'gina` QWNER-Ishall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Twelve Thousand 3 OR: 3314 PG: 3466 Three Hundred Eighty -Nine dollars and 98/100 ($12,389.98), 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 that this lien shall be 8. RELEASE OF I requirements, in lud the expense of he payment, includ, 9. BINDING EFFE� Parties to this Agreei not limited to, kis Agreement mortgagee, or other person, except taxes. of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the assigns 10. RECORDING. This Agreement frall-t>e recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement and the impact fees immediately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified Impact Fee Ordinance 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 plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set forth in Code 4 OR: 3314 PG: 3469 of Laws Section 74-501, B. 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 Pee Ordinance for a period of fifteen (15) days atter mailing of written notice of the violation. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any provisror s-othin-Ag entent, then the dollar amount of impact fees deferred saaid in frill bA�MER to the COUNTY within thirty (30) days b. Should A default the OWNER, the COUNTY c. In addition, the`�iel of this Agreement, and the r mailing of written notice to civil action to enforce the or otherwise enforced by the COUNTY, by action of -suit -in' -Caw or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 5 01; 3314 PG; 3468 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year First above written. Witnesses: Habitat fX HumanitiofiCpl!�er County, Inc.: Print Name lR By: Samuel J. Durso, M.D., President Printec, r, [ STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was Samuel J. Durso, M.D., President pfl known to me. [NOTARIAL D MIE6tE COSTS "or"t" IC•RMa OF ft0 1t10n QOIairlW*W1 i4 W9saarson 90NM TNNU AM 1dEbN0'nnv COLLIER COUNTY, STATE OF FLORIDA) before me this 5W day of, 2003, by �ity of Collier County, Inc.. ie is personally Acknowledgment E -q COUNTY COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this Jd�aay of 2003, by James V. Mudd, County Manager, on behalf of th COUNTY, He is pens ally known to me. p c [N_9 Ri—Liuren ,'Beard Signature of Pers ing Acknowledgment c+*1,CommissionNDDIS9014 Expires: Oct 24, 2006 "'ii'""'•,Bonded 7lvu AdVft Bondin4Co„ 9ro. rovedas to form and Igal fficten cI 1 R�m Patrick O. White Assistant County Attorney Reco mend Approval ) kS%K,___X Denton Baker, Director of Financial Administration & Housing OR: 3314 PG: 3469 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 6, Block 4, Naples Manor Addition, according to the plat thereof, as recorded In Plat Book 31 Pages 67 and 68, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee 9 ' =� 0 = 0�rn Owed A. EMS Impact Fee $ 00 B. Correctional Facil tiesa t F _ $117. 8 C. Library Impact F e (0) 2 D. Parks Impact Fee: M E. Educational Faciliti tem Impact Fee $ ,7 F. Road Impact Fee �j_ 00 G. Water Impact Fee _ '$2,570.00 H. Sewer Impact Fee $2,950.00 TOTAL IMPACT FEES $12,389.98 POWFonne&Agreemenls/A(Msgn/100q, neterml Agreement (030703 1100) 7 Co�fo STATE OF FLORIDA; COUNTY OF COLLIER) Atf.iw we..e ryriyyrw qM R IN1 Mt . ,Yl t 11� Y!t Nib) Ndl p.plpFq .. MI K. M,1 V nmAla,. wt b: �wslwre,��a �Kwl 1t1. fMKtl11,Y UM f.ANwA tM IKI��M11t�fy1}�I.{ At n[rw41 e! : IFMMt �rbObM uw� qa6 �j. `r/ `+ 101'1' Ar y. Y LOT 9 do ` BLOCK roUR o _ vette *t OR: 3314 PG: 3470 M \�r '` Lor 7 DLOcK rom 11ft UWR-w,lm � 1s. y w LOT 21 'A✓ , BLOCK FOUR I, Omnia M. Port*l0. Sr., a Reahtold two Su'"' M 1M S1ab of PIWIda, hereby darfify, that the Wigalna plot reprumU o corny of 11141 fasowin2 duuted prmdla: LOt t, 1Lwx FOU, NAPLES MANOR ADDITION, as recordid h Mal laek 0, popes 67 " 6e of the Publlt Retards of CNller Comfy, Fleride. That a survey o1 Ne oboes ddsseAed property was modo ungsr my YeeUm mtl moot. Minimum hehnkal Slmdara 01 pe Choptar 61017-6 Fh*ldo AdMM11tratlh Cod, pwsumt to Sedthn 172.027, F)oNdo Staldt, Than are 10 %4WO eneoaohmmle other Ihm than, no peemmta , N/Yne of edeemelila of Which Irl how knowladpo. No hila H?oh has howl mads by 1hs wwnya. No btt"t nos aNn made to Beale foutea benaoth me sulfate. 61raal Addtoss N 9216 Martin S(ne, Nople, F), El6 wNlensape N.6-V.D. mn In flg BM '7'-290 Pfoparly It Flood Zona 'AE' 11KVISION9 J, BOUNDMY SURYRY tflood Ilm la FI II6D/39 1701B.DV6 0-27 d-lO Wa1TAl row 1UINNttx Or CLLUL11 lTA1NiY, Nil'. `—"'— PONI611A-ROU ASSOpIm, INC. is fain Mal v ld AN144POM01 Sr. PLS 4*d;o#450•" !Ne Loam" AA. tv^m RL 34112 Mal vola uelses sl sd and uahA WALL t'. 2o' ale Ad" s, Zool With MnbaHsd soot. (Wo) 776-11511 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisl-Iday of C.ra4 1998, by and between the Board of County Commissioners of Collier County, Florida hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90.86, as ,upended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Intnaa Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Col i�6 `1=tbr {j Collier County Ordinance No. 88-96, •-n'��dd�ed, the Collier Facilities Impact Fee Ordinance; Col er oudt -rcVy cc County Emergency Medical Service Sy e IJas t e r ^ a No. 92.22, as amended, the Collier r1I aZi p e C Ordinance No. 92.33, as amended, th C ber County Educed Ordinance, as they may be further amenq time to time her f s as "Impact Fee Ordinance", provide for waveiuct�fij:�f�r ,$ it Impact Fee Ordinance; A y arks and Recreational 1-71, s a tended, the ('other e; to tier County Ordinance n n e;" d Collier County rit'i'l(I!,yerollectively System Impact Fee referred to ic�v owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees m required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98- J.c) G at its regular meeting of 1 N ( j_, 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein, 2. LEGAL DESCRIPTION, The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. VJR, eco` 3. TERM. OWNER agrees that s �WElring Unit h ly1 In as affordable housing and shall be offered for sale in accor ane ✓�with-th"tandardsset to h in the appendices to the Impact Fee Ordinance for a period o fi be ) c men it fro th date the certificate ji (� of occupancy is issued for the Dwel ing nit. I I � 4. REPRESENTATIONS , WARRA, IES.'�✓Nre i is and warrants the following: `"t� 0 G V0 a. The Dwelling Unit s a b sold to�a_ho sc a tlh a very low income as N aa1)�Illp .p defined in the app mile t�� e t �t Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for filleen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee - 2 - Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance, 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the 7. LIEN, The waived effective date of this Agreement; non-compliance with the 8. RELEASE OF requirements and fifteen (15) years a upon payment of the waived impact record any necessary documentation limited to, a release of lien. be a lien date of COUNTY shall, Dwelling Unit on lite in the event of ar lgfil o' (tic Agreement the •ert 1. a e of occupancy, or h �tf)' se of the COUNTY, 16N lien, including, but not 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the C'haimtan of the Board of County Commissioners. - 3 - 11, DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit conunencit orrih(e ve date of this Agreement and continuing for fifteen (15) years from th/e� �8 ance—of'tlt E�f -ate of occupancy or until repaid. Such lien shall be superior a f1 p,to the interest is the )welling Unit of any t7 owner, lessee, tenant, mortgagee, or the person ce CT a lien or Cou ty t xes and shall be on parity with the lien of any such on ty tax S 1fi `� be in default of this Agreement and the default is not c ted within ( 0) a 'a r i r to Io c to OWNER, the Board may bring a civil action to en �1 e�1t s agreement. Ina t�lo r n may be foreclosed P0 or C I or otherwise enforced by the COUNTY i n or suit in equ't it- the foreclosure of a N ' .__ _/(A� % mortgage on real property. This remedy is cu uI- t it v i�iltjilother right or remedy available to the COUNTY, The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. ,< c / BY arles C. Smith,, ice resident 4 _ DATED: ATTEST: DWIGHT E. BROCK, Clerk ' (1 At at as to ChOr""'s st ature only,,; Approved as to form and legal sufficiency ,11,4,1 /1 At /[I.,- - Heidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument by Charles C. Smith, Vice Presi known to me. [NOTARIAL SEAL) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA R. ;ykr % of h Il.er ,op ty, Inc. HoTs personally Natne of Acknowledger Typed, Printed or Stamped jd/gn✓dneples manor lakes/agree >yr JOANNE DALMY of MYCOMMISSIONSrY'7] 12 I? E%PINEs ON10.^! of tt 1.O JAOrAAY rl+h.++p 5m4nA &Minr lb - 5 - i OR: 2434 PG: 1920 ***t000"o Omo r' ,nmn I"r1 No°� ONO Z =�o D 11vm ., . mm -1 Z -41 =m� OtmA m rA n h P n z r�ia� m O Z "Q O< e Z m ,..� II I0 0 mZ O VIP -i G. rxi a X N C N to Mpred hyl Pat" G. what AM%Coakr County Att'y. M Tamlaml Trail Bast Napier, F1.71112 2894197 OR: 2934 PG: 2552 RICORDID in OPPICIAL RECORDS of COLLIER COUNTY, IL I MI200I at 10:52AM DWIGHT E, BROCK, CLERK RIC IEE 31.50 Rete: HOUSING S URBAN IMPROVININT INTER OFFICE TO HUI 'rhtr spsar for rravdlnp AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Wucr`tpa�' t '.�cntered into this i day of `�\L,. 2001, by and between Collier Board of County Humanity of Collier "Parties." WHEREAS, Collier political \� RECIT Impact Fee Ordinance, as it may referred to as "Impact Fee Ordinance, No. tl% cif the State of Florida through its to s " OUNTY," and Habitat for iTIQV4NE ," collectively stated as the Collier County Consolidated to time, hereinafter collectively 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 rile 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; laid - 1 - OR: 2934 PG: 2553 WHEREAS, the impact I'ce waiver shall I -se 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 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 valuable consideration, the rece'0 the Parties covenant and agree as f I. RECITALS INC RP incorporated by r f 2. LEGAL DESCRI (the 'Dwelling Unite herein, The legal nacneo as t r�l}�N wing Recitals, and other good and of whl�ljv,11�iycreby mutually acknowledged, s ;ire true and correct and arc ling unit and its site plan is incorporated by reference 3, TERM. The term of this Agreenient"i f—ir no longer than a period of fifteen (15) years commencing from the date the certificate or 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: Lt. 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: 29j4 PG: X554 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 anwunt of Seven Thousand Six Hundred Nincty-Eight Dollars and Flighty 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, OWECT, r+ �� c alts and agrees to comply with the --� :d'r':,ret:ehle cimil unnact fee w1twt�'f{,kilification criteria detailed in the S, SUBSEQUENT which is subject Q Unit shall be soM'�', set forth in the Im Dwelling Unit, the to persons or until said impact fees are Ordinance. Ordinance and this Agreement are satisfied. sells the Dwelling Unit purchaser, the Dwelling waiver qualifying criteria sale or transfer by gift of the for the impact fees waived conditions set forth in the Impact Fee 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 shell constitute and he it lien On the Dwelling Unit in the anwunt of tieven Thous;ual Sia Hundred Ninety- - 3 - OR: 29A PG: M!l 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 he considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except us 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. requirements after tik�,t I�years from occupancy, or upoh prcpry ner>,t of the v the expense of t c payment ur relea ��,rin4 9. BINDING EFFE)ii�l'his Agreement Parties to this AgretfM (tl and their heirs, 10. RECORDING. This'*A)'glegt shall COUNTY in the Official completion of this Agreement's issuance tit' the certificate of tees, the COUNTY shall, at ion evidencing such he/}imd and he binding upon the p N 1p assigns. 1' by COUNTY at the expense of mtv, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAUI:r. 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 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. OR: 2934 PG: 2556 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 tiny 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 rull by OWNER to the COUNTY within thirty (30) clays 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, e-1 yrs p Ft ecloseJ, or otherwise enforce) by the lff -- COU an action 5?�` `wk� law or equity including the for' los re�nf-urrn}trt a u�1n real ro y. The COUNTY shall he ul,y;k�•,i �cluding attorney fees, ploy inaere ?tJ.tl(tlt`e sU ht x\t4 u1��f{�)r I} JVt tie tsS alcula a W on calendar du paid, IN WITNESS WHERFW.,,i c Parties impact Fees on the date and year first Witnesses: Print Print Name lekr` a"01 -4" this Agreement for Waiver of OWNER: HABI'T'AT FOR HUMANITY OF COLLIER C Ol1N , IN Samuel J. D o, M.D., President - 5 - OR: 2934 PG: 2551 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this �— day of /`/` � ~�`lu2001 by Samuel J. Durso, M,D„ President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIALSEALI Signature of Person Taking Acknowledgment DANIMNorNrrr0081 ra+o�orarHnl Name of Acknowledger Typed, Printed or Stamped STATE OF Florida COUNTY OF Collier The foregoing by Thomas W.OlIiff. [NOTARIAL SEAL] Name of Approval Recommended Greg Mi ic, hector Housing & Urban Improvement COLLIER COUNTY, FLORIDA - 6 - W t day of /1xi ix `• , 2001 is personally known to me. MARY E. BECK MY <DMh1=o 7 i CC WM Kxmp 9:"2420M Printed or Stamped Approved as to form and Wncy- Patrick G. White Assistant County Attorney OR; 2934 PG; 2558 EXHIBIT "A" LEGAL DESCRIPTION LOT 19, BLOCK 14, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B„ Type or Impact Fee �1 _ mount Owed A. Library Impact Fee $ 214,00 B. Road ImpactFee 1,825.00 C. Parks Impact Fee, 820.84 D, EMS Impact Fee 93.00 E. Educational Facilities S :1c1�ITr acl Fcc �� 1,778.011 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 - 4c 4c rn Ln Y11 • 1111114„111 IIN 1.1IY I,Vn4, Ir.11111 11'rl Ir1411n"1112 lu Y 1 4"1x11'. 1V IN li r. ,.µ N111 url Wrl V.1. n" e 11114 ul lY l.r.u. 1 NM r 11' n,,. 1 FN 11 i 111,11 , ,411{I4Y � IV I a .rlXm 1{1 nI. , •/tXrlll, w'ulYill- 01V '•✓IXr.11 V , 1141r • 01.14x1 'I nu'111 .IW, +1..41 1 '11-1r V .01011:10 Ir IM Ih 1'1 1,1'0"111111 ,.V.IF.,' V,1 II.L IYI'IW"NI T. KIAI 1. In li' VXl{,J 14'1 W:II r1111 N'1. 11. I, I, ({NII 1111 M.rkrhV IA nr,.""I,:'.Vn 1V Ir 1111 .1 ..Vr II .111, .n u Illai I.n IJ•YI, A..1 11 IF+r1 1'11 AI 1"w "'1"1 r 1 InIVF'1 ••YIn • NI, II011,�Iui 11* 111,}IOI, ' I'� all .i ,�4"II N'141 n1 lul IA..l 01111 MI'.. Wl-knou'll t..Ul I Y X.4'llillr•, Ill v{IYII :'1.4 I'llu+I 111111 N11:Fr1u: u.Vx1U1111 0 eri. AWnoI 1 I iU MI'11'- N. Yx 141 11' 91- • ,11111141' Illi. - 1,+':M' 1'1 1 xII Y 1 ul ,Iw Ill- I.i w1. fI10, + e41 bN1 I.X 1.1 WNI I uI 1411 W 111 " 1 N. r re 0, u - YI A.{1WV Il N"bu..b 4ue' W,n u"'1 'nil, n{Ii r' I .XI� _� 1.11'1 Ill ap DIP211" III' W IRI UII PI '1 14 P I..1. Y1 • • ul • LOT If) iiA AA- ItI,U('f III N4''l I'IATTED w x "j V a al a ' 1414 I C ..o )) YW C•�� V , W 1 Y .• �Q YY 1111 }wl 1 • , II WY iW1 S 60•26,:70" W I;B O(y s. ruM 51, X.1 'Fill I0R1lw' (P) ('Al TS STRUT (y() I2/W S1ATE OF fLORIUA) COUNTY OF COIIIIR) I, D... M. P1r101u, k, q R.,11Wed land Surveys In the Stale ul tlorhi., hereby ce'ply la tlu6dal hn Ilurnamly al Rrl6er Coonly Inc that the foregoing plot represents o survey of Tire following described firenuses LOT 19, BLOCK N. NAPLES MANOR AWNHON as reuWded n $'lot Ilea, 5 Page til k 68 of the Pgbk Re9wd, at Call. County, Itor:do. That a Mulvey of the above deealbed properly wan made anidei my dlrec0a and meet, the Minlrnum technical Stundords as pa Chapter 61617-6 Florida Admnisbobve Cade, pursuant to Section 412027, fhwlda Slalulea ih-e are no nerin. a uoo'har"As other In. ahVen, lu emem-ds Vr Ilmrn} al wfemmle of .11,01 We have knses: thus m awledge No title arus beade by the surveyor No olt.hgA hu}be.n made to I..bq foot -f beneath the sur low Simi Address Is 5469 Cattf Street. Na les, 1'I 0:%in9f conform to Plal Bagk 3 Page bP7-6A Clew lime are N O V 0 'un n 1'. NM f2mD ._---- ._- ------ .._______ _—_ _.__-._— ---- ___.__` Properly is in hood Im<'AC mons h RBYISIONS _ BOUNBARY SURVEY rnA•rAuo rroA IW-yev onus elavahgn is 7O' FII 11 `.d�ll ,..- Ie5.5O UW<% iU__1.3)._....(�: N NAIIII'Ar "IS NUwANITY a)' WLIrrit WUHrY. INC ._ ...._.. .... _.__._._ . _.._._____.. ._ ...___._........ . .. .. .. Pourr' I -Rowe ASWCIAftS, INC IB Itim Denali M, Par MIO. Sr. PLS /1150" ?384 swwvwu +v4 wwuc. It 34112 Not valid gAle} signed and looted _ - - " SCN( 1'a Ta' Drat OI'row", 19, 2001 with b.,..d .,or - .... ... ._._.............._.. ___..... ._... 19tl) 775-4511 Prepared by: Patrick G. White Asst. Collier County Att'y. 3301 Tandand Tall bast Naples, FL 34112 File# 03.043 -IF 3060315 OR: 3129 PG: 1189 RICORDID in OFFICIAL RICORDS of COLLAR COMT, PL 10/11/2002 at 09:25AR DWIGHT I, BROCI, CLIRI RIC FII 37.50 Retn: NUI INRROFFICI/HORSISHOI DR WINDT ILOPF This space For recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Deferral&; /o Impact Fees is entered into thisL' day of r) 2002 Y,h �CoIIier Co n� Florida, through its the Bof olum'"Si-Com nets, t f and Odilon & Isabel Lorteittafter7��fetd do "Parties." 8 Q A_ RECIT WHEREAS, Collier Optj"ntty Ordinance No. Impact Fee Ordinance, as subdivision of the State of referred to as "COUNTY," " collectively stated as the Collier County Consolidated be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3129 PG; 1190 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creat�gC } , - ( NOW, THEREFORE l ngtderatior J valuable consideration, the cet-nd-sufftcicl the Parties covenant and a ree s- i s ,fes 1. RECITALS I P incorporated by rence herein, 2. LEGAL DESCR. The legal (the "Dwelling Unit")0r�grped a: Housing. Recitals, and other good and mutually acknowledged, are we and correct and are dwelling unit and its site plan " and is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR; 3129 PG; 1191 payments to purchase and pay for 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 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 10 752.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by O N R-ng1q_po later than the expiration of the TERM, OWNER housin i Ordi anc 5. SUBSEQUEN Tl� t� which is subject t�, Unit shall be sold\gpjy.to persons or criteria set forth in the Dwelling Unit, the to comply with the affordable detailed in the Impact Fee 1 (ff W ER sells the Dwelling Unit to s uent purchaser, the Dwelling sQ eeting the deferral qualifying e case of sale or transfer by gift of shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Ten Thousand Seven 3 OR; 3129 PG; 1192 Hundred Fifty -Two dollars and 98/100 ($10,752.98), 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 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, parity with any lien 8. RELEASE OF/ requirements, in the expense of Ile r- payment, includi g 9. BINDING EFFE Parties to this AQrei person, except that this lien shall he on satisfactory not limited to, a his Agreement sl of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the assigns 10. RECORDING. This Agreement=sh`aN=W recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if; a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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; 3129 PG; 1193 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 deferred 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, the QMNTY. ay bring a civil action to enforce the Agreement. ��a <I c. In additiq , t spay be forecl ed, or otherwise enforced by the the foreclosure of a be entitled to recover all fees and cos�4,'j�cluding attomeysIpes, �lus/fii-grest at the statutory rate for N on a calendAF-d4Xp9iontil paid. d r -T -f ylg�� 5 OR: 3129 PG: 1194 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: /G: 1 J 34 Print Name .z),1 kap Print Name STATE OF f l cI r uLi ) COUNTY OF <J 4/1 e r ) The foregoing Agreement 2002, by Odilon & Isabel ff F /), ,�,• . L„._,.hype of idq ti't [NOTARIAL SEAL] ,P1�'h'4p LAURENJ. BEARD 1 ` MY CY7\I5IISSIO�M1{'-InN \0 1Y 11TV EwlRrs 10 2A 2111: 1” LPAOJ VOTARY 41�tinl:u. Seni.nAl{.�„hnpCo �` STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: Odilon Lora Cri3IARM Isabel Lora vL�d 4CO- o me this _ day of \ �!� They'^at� tlnally known to me or produced as wentutcatton. S g btu o P rs t g Acknowledgment a � COLLI �J , FLORIDA -tolrj Vk"� ; "JAMES V. MUDD, COUNTY MANAGER The foregoing Agreement was acknowledged before me this I�•J�\ day of 2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL] Signature of Person -Tatting Acknowledgment Approved as to form and su i V Patrick G. White Assistant �j, LAURE:J, EARD ]TjMrCOMMICCMi" MA04p.)UIR1�3.NOTARV F1 NowA C'o Recommend Approval 1 06 Denton Baker, Interim Director of Financial Administration & Housing OR; 3129 PG; 1195 EXHIBIT "A" LEGAL DESCRIPTION Odilon & Isabel Lora LOT 39, BLOCK 8, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, AT PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Type of Impact Fee ( J A. EMS Impact Fee B. Correctional Facil ties m( C. Library Impact Fe C) D. Parks Impact Fee: E. Educational Facilities F. Road Impact Fee G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES EXHIBIT `B" 11" Fee X1;825.00 $2,690.00 $2,840.00 $10,752.98 PGWFo s&Agmments(AffHsgN 100%[W=1 Agreement(0816021012) h J *** OR; 3129 PG; 1196 1 a9� 4�tl�j�e1�g @3 �y eg - 7 � Fq sclqQOU 3x� �5r� a�LM0Pej 1yySEaaai1SS 1of 101 Imo � I��U i i t ��11 ► oll It gill sk V r% N� a �5r� a�LM0Pej 1yySEaaai1SS 1of 101 Imo � I��U i i t ��11 ► oll It gill sk AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this,kAlay of 4, 1998, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER," WITNESSETH: WHEREAS, Collier County Ordinance No. 90.86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the ColJi r� 1 h �Y J -QLnr Impact Fee Ordinance; Collier County Ordinance No. 88-96, • Facilities Impact Fee Ordinance; Co ier County Emergency Medical Servic S No. 92-22, as amended, the Colliekii'p` Ordinance No. 92-33, as amended, (h r Ordinance, as they may be further amen i as "Impact Fee Ordinance", provide for w unit qualifying as affordable housing; and ided, the Collier Chi` rfty` arks and Recreational ty:Ordt`nAt7e o 91-71, as mended, the Collier tE p�jin ccilie County Ordinance b p') t IIS e O u n nd Collier Count County Educat al I ac' ittt� System Impact Fee time to time here atiie collectively referred to c pac' iu iii t��e v owner -occupied dwelling WHEREAS, OWNER has applied for a waiver of impact tees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98- _ at its regular meeting of _ -1 , 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED, The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION, The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. Y 3, TERM. OWNER agrees that) p�yl�'e ltn'g UnT'sl&14fk:in as affordable housing and shall be offered for sale in Impact Fee Ordinance for a period of occupancy is issued for the 4. REPRESENTATIONS following: set to�i(t in appendices to the date the certificate and warrants the a. The Dwelling Units !"old to a hot a very low income as defined in the appendices tt�� th C(,FFeee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and C. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee 2 Ordinance, In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shull be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized f'or affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact � ll At ' rC J �Vizon Dwelling Unit on the effective date of this Agreement; ty +�h�+en may he form in the event of non-compliance with the requirements o B. RELEASE OF LI N. Po talti.01co. o n I $ n f the Agreement requirements and fifteen (15) years rl a tc of 4th rf fj e of occupancy, or upon payment of the waived impact 0 s he COUNTY shall IIIc ° e�•e of the COUNTY, record any necessary documentation ev''e(rc g the terminatiotnthfe icn, including, but not limited to, a release of lien. \� 9. BINDING EFFECT, This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days atter execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - N W .s=. w 0c, 00 00 00 1 I. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property tail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit contme �� h continuing for fifteen (15) years from the Issuance of repaid. Such lien shall be superior 'd p rav»ount-To-ine_tt owner, lessee, tenant, mortgagee, or the�e th I parity with the lien of any such ost v�ax S 0 Agreement and the default is not cu b ithin (30) days a Board may bring a civil action to enfor t{rI agreement. In or otherwise enforced by the COUNTY b ttilo -ox sail it I -- date of this Agreement and of occupancy or until in%hc welling Unit of any tes and shall be on in default of this to OWNER, the may be foreclosed for the foreclosure of a mortgage on real property, This remedy is cumul4ive-N%4 fiy� other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: rint Name,T. - �.. J OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. BYr' �C.: t h les C'. Smith, is estden - 4 - DATED: ATTEST: DWIGHT E. BkOCK Clerk Attest as to Chalraan s StgAgture only. Approved as to form and legal sufficiency L Heidi F. Ash on Assistant County Attorney STATE OF Florida _) COUNTY OF Collier ) The foregoing instrument by Charles C. Smith, V ice Presi known to me, [NOTARIAL SEAL] SigCr<ature of Name of jd/gm/c/naPles MUOT lakeg/agree BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Typed, Printed or Stamped 't JOANNE DALBEY N#CC7Y ,� MYcrTgunsswn�a'�n I,T# rzneecosAVM I g61N0ThPY ht�ry Sb.w,� C. - 5 - of—/l'••• 1998 y, Inc. He is personally EXHIBIT "A" LEGAL DESCRIPTION LOT 21 OF BLOCK 6, NAPLES MANOR UNIT ONE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. tillA� - 6 - A E� Yi N 171 UNIT No I CanrwanJ.w/ a/ rNir NW Lw n�. i lir/i•.. ly Xfos.riC !' ,sia �.../� a/fy ,.,..: �.in nc...+f /,:.+ .//i.%,y ss /G ..I+Pw:.I .�..•fs.•:i. ✓.:,/ �.A•Of .hii /.: w'.C.jll./,✓.y .%.s6.. �.T....n.... r.•o.'�,. .r+f...��rr. xE c% � ,/ :� ,rc. w /Jl� d•//oi/ /.!•.n.R N./ o!. frL/ o...fh ,:.f+..� .row f. .N:. .G.YIr1ir-/i.y N /X .SiR Ni.Y.i �i.ii ai isca:y J� /.iR•.vI WaJ r/.wJ 1�• Hi/L i'...R �S Pr..� OR; 2434 PG; 1892 Tee, • `` 6. it /.f �ci Yy yv. y C �F�•� I �� +.•1 M 4� , •, , � �. , 71] 7-1111 c A / Q \, 14 5� z � , c . F/e/Ne R6�aPo I .iarafy Girro/y xio/ /il. �r4/ a/NAPLJ'J �qiv ae %!9J Ly � / \�.` /f/i..w ami /i:.aalal �iRan O+•Orni.vo, ..r rs� On/J �.il.{, � RI/:f /P✓ COrA�/ /�J N,✓X r4�R y .�, //rl/NI.AI./I✓/ c�rrre /Isl7f f'r(i�iLy lig Ii✓yrJ/sr Cw/� rOar�J a/ y rfA4,i !+r%`mgaxi/�'✓•wf; rtceio/ard rn P/o/,Bw.t' , '•\ ` i/ c�iw',r.<i .✓ry �!'FoR'�OA/ ///.r_,2._ dwy -,o-ad,/�a�.�r AIKNOLVldOG�E/YT �oF fX,OYi Fto,PioA COUNTY,4f-COLL/e P PrqwW by: PNrkr(„ White Aw% Collier County Att'y. 3101 Viol Tnll Fart Nopim YL 31112 2894198 OR; 2934 PG; 2560 FUMED in OFFICIAL RBCCRDS Of COUIBR COUNTY, It is `171:00! at 10:5311 DWIGHT I. BROCK. CLIRK R3C FBI 37.50 Ret C. HOUSING S URBAN INPROVBNBNT MIR OYINS TC HE 1'bU.mWe ror recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Wai.� butt ,ii]t 1 1-Q i wtcrcd into this S_ day of 2001, by and between Collier C 1.11j�/� political subdivisteV Board of County Commis' >ner , maefer to Humanity of Collier County Ine e�laff t'fe tt , s "Parties." RECITALSKA. WHEREAS, Collier Ce3tdye Ordinance No, Impact Fee Ordinance, as it may State of Florida through its 1. and Habitat for " collectively stated as the Collier County Consolidated to time, hereinafter collectively referred to as "Impact Fee Ordinance,"p'rovl'"fces 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 ii complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - WHEREAS, the impact free 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 of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an N Agreement with the COUNTY. a_ M NOW, THF.RF,FORE, in eai+i�drt�an�tstt )regoing Recitals, and other good and N valuable consideration, the rece' 1./�� sol Il ciency of wh irkyl. hereby mutually acknowledged, p the Parties covenant and agre as ff Il I. RECITALS INC RAC�.RItEp ifpblt<R54r{els are true and correct and are incorlxwrated by deur ncUy it1 J �� 2, LEGAL DESCR C; J N. The legal descr ion if t c� citing unit and its site plan (the "Dwelling Uni attached as Exhiit " iI is incorporated by reference herein. i 0 1I- (]lei. 3. TERM. The term of this AgreeTient—rs 10 no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall 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: Lt. OWNER'S household earnings will not exceed a very low income as defined in the impact Fee Ordinance, Lind 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 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 ($7,698.132), as set forth in the attached Exhibit "B," incorporated by N .r� reference; and art N C. In return for the COUNTY'S waiver of the impact Pecs otherwise owed by C7 w OWNER, OWNTK Ttvu a�and agrees to comply with the „v. 1((JJ rn affordable �t a 1puct fee tai r� t lification criteria detailed in the a Impact F e S. SUBSEQUENT RA SEUL; E M.N ' I1 10 N'R sells the Dwelling Unit which is subject to t c Trip, Afe a v - St So uei t purchaser, the Dwelling iUnit shall he sold 'al, to personor ho Ids i ec c waiver qualifying criteria set forth in the Im i t '°e Ordinance. 110, c le or transfer by gift of the Dwelling Unit, the ori Q ANER shall rtIt t i'able for the impact fees waived p ,1��A�i `� P until said im act fees are atd�rn VC)CA) t ttfre 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 I lien On the Dwelling Unit in the :unount Of SOell Thousand Six Hundred Ninety- - 3 - 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 C'OUNTY'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 Cn lien shall otherwise he superior and paramount to the interest in the Dwelling Unit of s`w any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. cz. er 8. RELEASE OF LIEN. USa�r completion of this Agreement's rn y cr y � re uirentents after fit' �('0 cars from t a - tf issuance of the certificate of 1 p occupancy, or upo pri rri-tttt zf_LhsuiveJ it pac fres, the COUNTY shall, at the rxpense of th C NTYlI .0rtidC v rtti�esv1trayr ext mentation evidencing such payment or relea, o left. I� 9, BINDING EFFE his Agreement sha IZ to ith)� yc • nd and be binding upon the Parties to this Agree nd their heirs, sucC�s. ,fiSY assigns. 10. RECORDING. This, A`rt nt sji tll k kr by COUNTY at the expense of 10. RECORDING. This, A, kr COUNTY in the Official Rec ds c>t moi( County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a, OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impart 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 i fler moiling of wrilten 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 tees 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, COUNT>Y "an action real paid. IN WITNESS WHEREOI�.tha�-l3at_rties Impact Fees on the date and year first Witnesses; OWNER; Print Print NameY.� or otherwise enforced by the law or equity including the The COUNTY shall be lulling attorney fees, plus on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COU �N�; Samuel J. trso, 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. f NOTARIAL SEALS Signature of Person Taking Acknowledgment DMALL,p AWMW.Wn4PK0 w— eotrwwtMaairw Name of Acknowledger Typed, Printed or Stamped "MOM AMA�M,Mr� MAW1 ko N COLLIER COUNTY, FLORIDA `rte AS W. OLLIFF, COCM7 MANAGER C24 STATE OF Florida @J COUNTY OF Collier The foregoing Agree m w is,'�cI c �-���br m t i ` ` qday ofJ'/XfIK ct�, 2001 by Thomas W. 011ift', Count mgeon be all f C t e is personally known to me._ MARY E. BECK MY ODMMMON I CCOM [NOTARIAL SEALi Signatu son Taking Acktj>ft-neat Mxnne+ "zkam Name of Approval Recommended Grcg Mi i . Direc or Housin Urban Improvement - 6 -- Printed or Stamped Approved as to form and I� 1 s �iet Patrick G. White Assistant County Attorney EXHIBIT "A" LEGAL DESCRIPTION LOT A BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT B„ Type of Impact Fee(St�!�ipac A. Library Impact Fee— B. Road Impact Fee 01 C. Parks Impact Fee: 'D. EMS Impact FeeE. Educational FacilitiQ1 Fee F. Water Impact Fee rj C' G. Sewer Impact Fee H. Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED - 7 - mount Owed $7,698.82 214.00 ,825.00 " 820.84 C) 93.00 1,778.00 1,275.00 1,575.00 117.98 $7,698.82 rn .lJunWxe eu unelFlar 111d INl Y.•. r J.n rrn+n - +nWrl Mlr I, .ILII! �1` IneI�M` �+ 'rX l'v' 11Y4n W1 rl r11' n `rllll lr . II YI , '1. 1. Ir. +„ur111 r,. Xin... YW.Ix• 111' H Ir M' ,V• ]M+I Irµ•.! all �11H .11'M, I I 1+ I. III k,p .1 ill.11,l n•14 a1 � ry V I o.1 h lull` I.1 Ill Yall1 '. ill. 1 II1. of 4nl+•lllrn rr / 1 SII Wln lr`A 11 IxIxNIF.I Ia rWlll Iv lirrll xl ll l", 1,1P lk�Vl I. ur,l 1 I1+ NNaI+Mlll lal' Ir• IY•11 IIII !It 1. . Illll lr�nll lrlrl lu waxl..1 li Ire ., .1, r . µl I.F tx'.A F I.n 1 I.1 �. •WI. Y (1111x1„lrri I Ival..• I.Or ,1 W.I Irr WI. rx, 1 WY AJY'NIi.4An 1':41 Ia'JWnrl 1nMlr a•11 M' iY, Vlr, aY.. a`J'Ilall r Ixll`.rll l' � •1' Ill ra Intl I IIIAa/III Anll•I1P1 J r. M r I„1 •� p4 NRwM aI� ue.. bnrx� I u q Inr. .rll .Im II a�� LL•I fpf4 el4l'MI!. n r I I•ul IaIl•1'Nl Irl YxF 1liI x1n1, 'r Arr 1 8Y le 41 `,l; r ♦♦IIM II, Irr41 lit If I;1I tm* I I N,.14 LUT, :SI IA -1 H6OC M N 1:1 Ai � 1 J a }, A I r4AI tr) 4 x J� T-51 m 1 eae 4 wMlr 11 •]]r FWIP) ylU lob b. \Yf (11L� 1llliti111 i11111\Nr1l11 OI) R/W SfAU (51 II(V<IVA) COUNIT (11MOIN) I, Dennis Y Pp lNla, kill o NegMweY loud Sw veyw in the > ote of npmY, helehy cwidy to llobllnt All llunimnty of t 'Ill” t'v"nt Y. Inc Ihol the Ipegony plot 1ep].sents o sorrel, of the folia Wlny deenlbed Inenuses LOT 31, 111(" 13. NAPLES MANOV IAhLS or, recpdeld It Plot Ooos 3 Poye 86 of the PubhL Ne1.Wds of Calker Onunly, Ilpnlu ILnI a sp vel ill till uhove ci.wk"d yropHty lax naNx andel rill dM'm and meals it,, Minton... Ted miaol Standards os per Chapter 61617-G flmlda A&o.,nAlral',ve Co&. pm ul Yull lu Sec talk '201 7. Ilanfa Stotoles It.". me no vle,bio motile lune..l, "Urex tiler ilY+W... ra eusemmrtn In ceunn of eoem eenle of W111Jr We have sou rledge No bile serval tons heel( made by the nn,ke,kn Nu ultVlnpl hos been made 1 - locale I.I. beneolh the su]lare Slot Addleee y G9chr]si Sir ent, Naples, II 8eungN con to Plot Boot. 3 Pogo 8G-8/ Ebrolione me N G V 0 rml ,, Lpn IJM I2SU Prop.rly Ib Ill I loos Tone W.' ( NOTES k NEVISI(iNS _ If- BOUNDARY SURVEY raJrrueo ron too -yep fluod eI.vobv. is 70 / If6 1161 10 16530 UNC; U ID t'N __.I'oN NUgAN7Ty 01' COLfIM OOUNTY, INC __.__ -------- _. _____.__..—._._ PORIEUA-NOWC ASOCIATCS, INC IB /8129 ----- -- p IINWUUU AVL NV'1f 5, fl 3411¢ Denny nil Ploni, " r PLS ,s16U4 Not vdM unless slyneJ anJ sealed � � � � � � � � ._� 6CH1 11 :(+' VAN ";]Usk 19, lWl Wan embosled SHII .__ .._ ... . ..... .. .... ...... _....... (941) 715. Asti 1'rrpared by: Patrick C. while Asst. Collier rbunly Atl'y. IMII TOWN1111 Trill East Naples, Ft. 14112 File# 03.174-1F 3245779 OR: 3377 PG: 2512 RICORDID in OFFICIAL WORDS Of COLLIIR COONTT, FL 08/2212003 at I0:27AH DWIGHT 1, BROCK, CLIAK RHC FII 31,50 COFIIS 8,00 Attn: FINANCIAL ADMIN t HOUSING INTBROFFICB ATTN: LAURIN BIARD(403.2338) Thh %pm bw rraKdhgt AGRVVMKNT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEELS FOR SINGLE-FAMILY AFF'ORDARIX HOUSING DWFIJANG This Agreement for the Chuitact Fees is entered into this i day of L a 2003by�n d Y n Collier t ittYt��p tlitical subdivision of the State of Florida, through its the $o t`d o' CW Ty Canutit �ers, h reid Rcr referred to as "COUNTY," and Habitat for Htnnanifv t1i4«f11v i tri ;r�itya;�llcFjyFlal't�yr nfetlyd to as "OWNER," collectively stated as the WHEREAS, Collier u Ordinance No. 2��(2�/the Collier County Consolidated Impact Fee Ordinance, us aniende C}fit `c i ay be further amended 1'tttm time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of I(X)% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing D partment; 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 10014, deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3377 PG; 2513 WHEREAS, an impact fee deferral agreement way be presented in lieu of payment of the requisite impact fees Subject at satisfaction of all criteria in the Impact Fee Ordinance: qualifying the project as eligible for an impact fec deferral; and WHEREAS, pursuant to Section 74-201. EA.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in Support NOW, THt RFFOZcipt' i valuable consideration, the the Parties covenant and a ree I. RECITALS IN '( •� incorporated by nc 2. LEGAL DESCRI (the "Dwelling Unit") herein. Housing. of the: ling Recitals, and other good and ,y,ttsl whit is ereby mutually acknowledged, are true and correct and are herein, The legal descr p r ri'o the dwelling unit and its site plan gt4rf lfs E�t(tt�jt/ A, and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit, During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly OR; 3377 PG: 2514 payments to purchase and pay for the Dwelling Unit will remain within the affordahle housing guidelines established in the Impact Fee Ordinance, Owner is a first-time home buyer: The Dwelling Unit is, and will remain, the homestead of the OWNER or tiny subsequent owner; 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 $12.389.98, as sct forth in attached Exhibit "B." incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed OWNER',.0i}Seff covenants hour 01, 5. SUBSEQUEN��(I which is subie impact fee Unit shall he sulQ ohly to persons or criteria set forth in the Dwelling Unit, the later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee Ij,O*NER sells the Dwelling Unit a Am'@ equent purchaser, the Dwelling meeting the deferral qualifying the case of sale or transfer by gift of shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 terra of this Agreement; and if the Dwelling Unit ceases to he utilized for that purpose during such period, the full amount of the deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Twelve Thousand 3 OR; 3377 PG; 2515 Three Hundred Eighty -Nine dollars and 98/100 ($11389.98). as set forth in aktached 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 lint mortgage or other security interest. Such lien shall otherwise he superior and paramount to the interest in the Dwelling Unit of any That this lien shall be 8. RELEASE OF t requirements, i clu�' the expense (it' the C� payment, inclu 'llg 9. BINDING EFFE�' Parties to this Agrees not limited to, its Agreement mortgages:, or other person, except taxes. of this Agr'eement's fees, the COUNTY shall, at evidencing such land and he binding upon the assigns 10, RECORDING. This Agrecn-1-dmsh=aII tie recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall he in default of this Agreement and the impact fees immediately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified Impact Fee Ordinance 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 plus an additional l och delinquency fee and any interest due from the dale that those impact fees would otherwise have become due as set forth in Code 4 OR; 3311 PG; 2516 of Laws Section 74-501, B. 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. 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) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any provisit " t§i-Agreement, then the dollar amount of impact fees deferrecj sq°}J c pin tutl- NER to the COUNTY within thirty (30) h, Shoul of this Agreement, and the dclault sinVture vditlJin 1.n (9) aye aft r mailing ofwritten notice to the O the COUNTY ay rtn civil action to enforce the c, In addition, or otherwise enforced by the COUNTY, by action or'suk-if-law or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 5 OR; 3377 PG; 2517 IN WITNESS WHERE(W the Parties have ea.cuted this Agreement on the date and year first above written. Witnesses: Print Name - A Print Name STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement Samuel J. Durso, M.U., Presider}I known to tile. -t „ INOTARIAL�EA j Auqus! I '.:fuR COLLIER COUNTY, STATE OF FLORIDA) t f Ht i ollierCounry, lnc.: By: Sam J. Durso, M.U., president fore me this l day 44/1, - , 2003, by by of Collier County, Inc.. H is personally X rapt Taking Acknowledgment COUNTY MANAGER COUN'T'Y OF COLLIER) The foregoing Agreement was acknowledged before tie this 2�� day of 4 2[x13. by James V, Mudd, County Manager, on behalf of the COUNTY. He is personal known to me. ' INOTARIAL SEAL signature oror Persow-41aking Acknowledgment Lauren J. Beard Commission NDD159084 ' u:, �. _ Expires: Oct 24, 2006 bonded lh`u ,W antic nonding Co., Inc Approved as to form and legal t "Ciency: Patrick G. White Assistant County Attorney Re amend Approval Denton Baker, Director of Financial Administration & Housing M OR; 3377 PG; 2518 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 25, Block 6, Naples Manor Lakes, as recorded in Plat Book 3, Pages 86 and $7, of the Public Records of Collier County, F'kwida. EXHIBIT IMPACT FEE BREAF Type of Impact Fee c A. EMS Impact Fee s B, Correctional Facil tic. I p C. Library Impact F e il% C� D. Parks Impact Feer E. Educational Faciliti�� Y _. F. Road impact Fre � 0. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES Impart Fee cv-1 IKi\CFiinueR AErcrnrcnl./:\Iml�go/Itxr4 Ikli•nal :\rnrnicm n�it17o4 l hN4 7 Owed NT $2.570.110 $2,950.00 $12,389.98 • rINILPI I 1111'11 Pu - 1111r•IIV Asr .- 4111. WAN W!N wAtIF Fr/ I drcPl It 4rnllvrrn_ rertY. x:.\n - NAnmA x,T - III IA(IIIPr 11 r✓'11•. '.fFll/At WAt',AIM r^INI , •u 'ul Inllll" 'InIxM',A rl"r.... •4 IIIII` IV V Il lr 4 211011 r11 p A IAII I' • MINI 'W LI". Yr It rl A".1 .1 Sr All IFn l01, t' r)N111 ` \e.• rnMF tI1,I - It ..IN 1\ 9 I , Nrl r - ('x AINA'.1 (A'I All lir -V.MI iA \AIIN'I P11' , `'ryx4A•Irlll IPINIIP/l 1'.111 2111 vI 1AP Mui ^'1 cult n11/ [\ n NI Iry tfP'.r/mb <ry - II II rHrca PNLr1 (Io _ Il.ux AF: ly •.. 1'uy15'a/NM IAlryl '+IVN ,rx Ir I.V AP! AY r%1%I„Nil t' I`M i r 11 -Ill\A•nrl - 1'•IN - 111111 IN Ni III .Y 1'A"INl I1 - 1'1441 14 ••V1/IIIir VIHI 4(r\MP In, - AM✓n114A11 fI".1 A'1VI N' I'IYI MI A(P`IAII Ill •nN:.1111111,nr. Ir I. A I, At P AV r LWANINI PIrIxIH. 141AAANN1 AiA -1111,11(1(1 AN(. 1111` - 1'r'lll' I - 1'r4y1 N 1AH'.Alrf V4P - PUq oM ,.'\ peI r\41 rA\s IXrtl • Mrcl PPllrj *** OR: 3377 PG: 2519 *** - Pllrcn . P.Inna mNl 'Vi %Ile -'1. 11111 - (JIfrFNI - '.ANIiXF1 'J MP '{IMI WX' .yr,p; P. Pl rl' "At'! PI[ 111,'+'vl - IIIrN'if11 - IXXNF`FIrmP - INW I• E+`(VI VI 11111+ MM$ 41'14 MI M` - IPiN'.11 niIP / I rM1 x\t a 0 � P \e.• l�ti i W \i 1 II ti) PU NAiI I t'9 W SLATE nF FLORIDA) COUNIY OF COWFR) i, Oenms M PmI.11a, Sr . a Pearsla�d Lm") ° 1„y^.r m the '::Int, of Flnndo, hel•by !IIIA, In 1116 -Cal 5 •1 uumolldy of GLbel I:mmly, Inc (hal thrt torbssnnq plot "'A"enla a survey Dirt the hd1ulhn0 d,3.dhed Premises. LUT 5. RIOCh SIX. NAPLFS MANOR tANES. as recalded rt1 Plat Reek 5, Pnges 85 At A7 m the P.bIta ReWlds nl 1; n111II ':1101, PrOr lda 7” a survey at the 0bnve desplbed P,,,Wl eras under my dlr,chan and meas the Mlmmum Tolhmanl Slandnrds as Per ChaPW 51617-6 Fl«Ida A•lminrslratnl r.14A. 11110annl l0 S-Olm 472.027, Fk,.da Stotules There are m, visible enc100rhmenls athel Ilion ,110111, n0 e,stmenlc nr 0d,m5 01 easements 01 which w, hove Inowleda, No Lille See,& has been made by the n...l vey,,. N, oll,mpl ha SMen made to locale f0aler9 hen,nlh It- sullace Sheet Addres, Is 5357 M`Ichell S\reel, Naples, FI Oeonngs conform 10 Plat Etevalwns are N C V 0 im In hem PM -- ------ —"--- Prnp,,ty is in Road Zone 'AC" NOTES At REVISIONSROTINOARY SURVEY Plyl[I'ARI9 711 100- yea, e1s ? - -- -��--- ----,- Ye flood Al\a tNm 7l FR 1155/60 17317.0W0 0-17 Il -1'l HABITAT FOR HUMANITY W COLLIER COIMTT, M PORTWA-ROME ASSOCIATES, INC. Ib WRIN —__ . _ 2W UNMCCO ML WRES, n..NRA Oenms M. Patella. Sr. PLS N450a _-.—_ _ _ ;CALL I'. Mo. MTE .A* M. tom Not valid unless sr)n,d and sealed Milh embossed 5001 — (541) 775-6511 Prepared by: Patrick G. White Am%Collier County Att'y. 3301 Tannlaml Troll Eaal Naplrs, 17.31112 File# 03.172 -IF 3221024 OR, 3350 PG; 1681 UMN A /ntclu ne1NM oI corm mm, n 11!14/1111 at 11:533 HIG" 1. nom, CM ne nl 31.51 Will: PUAKM ARIM i INSIN IMn111110 ARM: LAI M 11in14p-13711 TMs apace for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Def fl �` j act Fees is entered into this a day of 2003 by d � een Collier C litical subdivision of the State of Florida, through its the Bo o CoCommissip ers, h rein fter referred to as "COUNTY," and Habitat for Humani y�q��I�gr"� u� aft r referred to as "OWNER," collective] stated as the j( & \\ WHEREAS, CollierC fityt Ordinance1 ' Ordinance No, 2 fZAhe Collier County Consolidated Impact Fee Ordinance, as amend rnd /ay be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3350 PG: 1682 WHEREAS, an impact fee deferral agreement may he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-201, E. Lb. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support NOW, THEREFORE J valuable consideration, the cei the Parties covenant and ag e 1. RECITALS IN O incorporated by nc 2. LEGAL DESCR d (the "Dwelling Unit") herein. Housing. Recitals, and other good and is 1 ereby mutually acknowledged, are true and correct and are herein. The legal descriptio (j„i'fie dwelling unit and its site plan lt�ced as tb`il�," and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly E OR: 3350 PG: 1683 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; Owner is a first-time (tome buyer; The Dwelling Unit is, and will 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 $12,389.98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWNER housin i Ordi anc dur S 5. SUBSEQUEN T 1 which is subjec h i Unit shall be so l criteria set forth in th iy the Dwelling Unit, the )WN_ ER_u tl no later than the expiration of the TERM, 'R Cts Wenants \ rees to comply with the affordable fee deferral qualificakion riteria detailed in the Impact Fee .vfIf NER sells the Dwelling Unit npac ee a al t a s uent purchaser, the Dwelling to persons or h s i eeting the deferral qualifying phe eke; Ordmc a case of sale or transfer by gift of )n inatn � shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 hnpact 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Twelve Thousand Kl OR; 3350 PG; 1684 Three Hundred Eighty -Nine dollars and 98/100 ($12,389.98), 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 he superior and paramount to the interest in the Dwelling Unit of any offer 14l see,,tenant, mortgagee, or other person, except that this lien shall 8. RELEASE OF requirements, i cl the expense of th payment, inelu - 9. BINDING EFFE Parties to this Am taxes. of this Agreement's fees, the COUNTY shall, at evidencing such not limited to, n= leas ofn tis Agreement sh n he land and be binding upon the l t eirssce �s nd assigns 10. RECORDING, This AgreeiitenYsliAll: recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days atter execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement and the impact fees immediately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified Impact Fee Ordinance 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 plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set forth in Code 4 OR: 3350 PG: 1685 of Laws Section 74-501, B. 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. 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 provisionof this�4 reement, then the dollar amount of impact E� C feesdeferrecy$ �lh"" p�i3 tti fit NER to the COUNTY within thirty (30) day of"fit� ten notification of sai vio tion. b. Shoul th OWoth [wise in efa It of this Agreement, and the defaul is of cu d ii l �ti t ( ) a s a er mailing of written notice to the O N R. the OUNTY may bri civil action to enforce the c. In addition or otherwise enforced by the COUNTY, by actiofrror--swt-Tnlaw or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 5 OR: 3350 PG: 1686 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: STATE OF FLORIDA) Habitat u of ier County, Inc.: r_ By: Sam . Durso, M.D., President COUNTY OF COLLIER) The foregoing Agreement was'Nk I dBe�d before me this (L� day � 2003, by Samuel J. Durso, M.D., Presiden ,9 }�iq t600ity of Collier County, inc.. a personally known to me. /�� [NOTARIAL SEAL[' � ,,Oo ....,,•, iuuette . B1 =cl„t OD u n aki g Acknowledgment COLLIER COUNTY, COUNTY MANAGER �y 2 TI c i STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this aye`` day of 2003, by James V. Mudd, County Manager, on behalf the COUNTY. He is perso all own to me. [NOTARIAL SEAL] Signature of PeFsecftaking Acknowledgment , Lauren J. Beard 40- r '"' . Commission 6159084 ;�/T Expires: Oct 24, 2006 Bonded 7tw ^."• AIISAVO Boding Co., Inc. Approved as to form and suffics(� �!� N 'X, Vla7bc*A� Patrick G. White Assistant County Attorney Rec end Ap val Denton Baker, Director of Financial Administration & Housing OR: 3350 PG: 1681 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 19, Block 11, Naples Manor Lakes, as recorded in Plat Book 31 Page 98, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN 4R co Type of Impact Fee A. EMS Impact Fee B. Correctional Faci tie. Imp C. Library Impact F c D. Parks Impact Fee a E. Educational Facilit sti F. Road Impact Fee \® G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES t Owed $ .00 tt e $117. 8 0f o I Impact Fee , 4 .00 E C 2,570.00 $2,950.00 $12,389.98 fK3W Himna&Agnv�n,�nis/Allmsgn/ 1011'b Defeml Agmvllwnt 1010701 11001 7 Jul 11 03 11:07a Habitat for Humanity mtbnK � R YDNI•eltt f[N4 emofgM ceflSe YOK gtf35 taut . tOKCR"ehan"t hat • NK a,M �° O ER SAaSEt�el0Naf1 SEE" Fmtb� aE mARw: net n; =�•K1M Mt1NN aNgl RI[IMM( lAR ON=Az NI - d1Ar4K AASmeet R . e•11t 0,Mc RN 0e, . OAht YNr It•b[aATp1 poon"aNK tub 'A•Kr[a TAR Tutvarcm OWAltNR ANYMT AR MIr 0f 11-1i d!iwaAIFNIIti [S11f . FIUAN[AD f10a1 lttvAtgN TV pootm ME Me • wpdbNl AaefmauADW R RUANI.Mp,m 10191a —. OVY MM MaM(111 at . ra r'Q INaANrM . =ss W mYr..♦[er.. qM . a1MYaa L-� 941 775 0477 P.2 M OR; 3350' PG; 1688 .I tI LOT 20 + "LOCH SIB"" I1 R e, 25.0' DELTA 131'49'20 T m 30.00' ARC - 30,86' CHO a 24.49' , 9TA1ETY OF FLORNIA) COUNOF COLLIER) 1, C"hh" N. patYia, Sr., o RIVAMd two Su veyw M the Stale of RONdo, herby ceUty to Nowtot Far Humml of Copier County, Ina. tat the fongaing plat fepreoanta a Purvey of the 100ew4 dnarla9d pnmle,s LOT 19. BLOCK ELEVEN. NAPLES MANOR LAKES, 03 recorded In Plot Booty 3, page, 66 and 67 dYialbn mf• maatsdlhif MNlmufITSCIAnkal«Standad• ore Par ' of the pW 6 017" Flpya AMapdmhbb IY dde Cod% nae my 9eeebn 472A27, Flarldo Statute*.knOhl fin• ore rhr MsItAt envaethmenll ether than Shown, no eaeemenle a NalmeeaOf to 1000W footers 01 beneath e,9 here rime. oft. No 1100 search hoe been m049 by de oal")w. No attempt he* been mode to legate foelen bmenlA the aurfaee. Steal Ad*"$ N 5571 Omword 51189L Naplee, FI.. B4arblgl anntofrn to Plot peaelbna one N.0.VD. tun In Iran BM 'T'-250 prgnfy N h pfead Zana *At* NOTES 3 REVISIONS 100•)sw Rood nevallan le 7.0' BOUNDARY SURVB 111 1167 45 17314 000 0-21 t -N Habitat For 11111n0ntt at Ca2M Camt)t Y,a G! r°j'' ) PORiE11A-ItO11E ASSOCIATES. W. 18 /3199 4504 Not v d parteae, Sr. PLS owe 2a4 IN110o0 M[, MILES. FL 34112 Not 4nN0 uMee, /lpled alq anted $ME! 1'e, 30' 9A1E: ++►` i tops MU mlbole,d tool. (NI) 776 -till AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this2 day of .« . 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No, 88-97, as amended, the Collier County Library System Impact Fee Ordinance, Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinancerit(j 1n4ld e No. 91-71, as amended, the Collier County Emergency Medical rSystem Impact Fee tdin ce; Collier County Ordinance No. 92-22, asamended, th C lieiOCounty oac Ordinance No. 92-33, as en d lh h r Ordinance, as they may be f tii� .t! as "Impact Fee Ordinance", 'de for waivers of unit qualifying as affordable h '8i ' and WHEREAS, OWNER has Fee Ordinance, a copy of said application i act F dinance; and Collier County U o at acilities System Impact Fee tom i after collectively referred to fact ee;�r ew owner -occupied dwelling fees as required by the Impact on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - EXHIBIT "A" LEGAL LOT 19 OF BLOCK 7, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. �0������ - 6 - 0 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97- .3 7�� at its regular meeting of,>� rL_, 1997; and WHEREAS, the Impact Fee Ordinance reyui�es that the OWNER enter into an Agreement with the COUNTY, NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2, LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accord �ehe.s n ds set forth in the appendices to the Impact Fee Ordinance for a perio (15) years Co ing from the date the certificate of occupancy is issued for the we liigg-Uni . 4. REPRESENTAT O 1AN LILT ER epresents and warrants the following:0 { a. The D f'ng Unit shall be so o a ous with a very low income as defined a appendices to Fee Ordinance and his/herCAJV N monthly pa t �tQ_pHchasc t lling Unit shall be within the 6-2 affordable housingidelitie tablished in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance, 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agree en ; Katt foreclosed upon in the event of non-compliance with the requi of this Agreement. 8. RELEASE ' F [ CJI pon--sa r acto co pletion of the Agreement requirements and fifteen ( 5) 1 c th certificate of occupancy, or upon payment of the waiv t s, t e NTY h ll, ) e expense of the COUNTY, record any necessary doc eA tion evidencing them. t' f the lien, including, but not limited to, a release of lien. N 0 S w 9. BINDING EFFEC 'This-Ag r� ��Sh� be binding upon the parties to this N tr Agreement and their respective heirs, persona representatives, successors and assigns. In the 4-1 case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in cm the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. ll, DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (IS) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or o nhe-T WWor0 parity with the lien of any slt ntiy taxes. Agreement and the default 's n tred-wi in Board may bring a civil ac ion o c s a 1 or otherwise enforced by h(,ee O Y by a t(C mortgage on real property. 1 remedy is cumu to the COUNTY. The Boar tfa be entitled to fees, incurred by the Board in f ivt �_his a judgments calculated on a calendar day a I fl lien for County taxes and shall be on OWNER be in default of this en notice to OWNER, the the lien may be foreclosed as for the foreclosure of a r right or remedy available and costs, including attorneys interest at the statutory rate for IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name nt Name zza ., 411:7 OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. - 4 - DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA •DWIGHt'1$1 DOCK, Clerk 8/2%92 imothy L ck o, Chairman A¢M r n and legal su ctency Heidi F. Ashton Assistant County Attorney STATE OF Florida )) ®� dot/ COUNTY OF Collier The foregoing ins entt as acknowledged before a 's /4' day of 1997, by Charles C. Smith Vice de kat bitat H anity, Inc. a Is pe nally known to me. [NOTARIAL SEAL] S rr"f Petson ralcmck 1 gcn nt o Nam f.1 owledger Typed ,n or Stamped .a N nu.esY NOTARY PUBLIC SUTH C>F F'LARIIAS N COM.MWI(NN NO. CC3a4h5 Sid MY COM.MLSSION EXP. MAY W 19 N C7 jdtgtn/e/aaples manor lakes/agree - 5 - "to: 2656492 OR: 2692 PGi 3381 HC III 11'sD CUH YO tit lD6" IICOIDID i1 the 0111C116 "Collis at 0061111 CDD"l, I6 Collis 1.0D 11111(VICI 111 11,001 01131/31/0 at 01:53AK HIGH 1. HOCK, CUR 1AVPAFMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this?z day of 0&�41 2000, by and between the hoard of County Commissioners of Collier County, Florida, hereinafter refetrd to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "04,rt! ER." WITNESSETH: WHEREAS, Collier County Ordinance No, 98.69, the Collier County Regional Water tm&k Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88.97, as amended, ,he C�vlhcr County l,ibmry System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordim.nce No. 91-71, as amended, ',hw-c�j—'r C up r4 mcrgcncy Medical Services System Imps t Fee Ordinance; Collier Rw,d Impact Fee Ordinane ; (iec ier County Educational Faciliti S I 99.5?, the Collier County C �nal eoro led f lime to Ume, i�i 1 proviJe for waivers of impact fees ri,F;. !::blc housing: and No. `O�4 amended, the Collier County NO2-, as amended, the Collier g4n Co lier County Ordinance No. Facilities Impl�;,Fc) 006jitce, as they may be further as "Impact Fee Ordinance", dwelling unit qualifying as `NHEREAS, OWNER has applied for a waiver of impact Pecs as required by the Impact Ic ,ir'inahtc, a copy of said application being on file in the office of Housing and Urban lin;., r�n'Icri[;and WHET EAS, the County Administrator or his designee has reviewed the OWNER's ,,, �,) tion imd has concluded that it complies with the requirements for an affordable housing or impact fees as established in the Impact Fee Ordinance; and `Yjf ,REAS, the impact fee waiver shall be presented in lieu of payment of the requisite i fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the pro,! A as eligihle for an impact fee waiver; and 1 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embrxlied in I iiori at its regular meeting of +�2000; and No, 2000-dy— Y lif;REAS, the Impact Fee ordinance rGga M that the OWNER enter into an ci,icr;t ,,4th the COUNTY. NOtJI-IF.REFORE, in consideration of the foregoing recitals, the panics covenant and as follows: i. `:f<Cf`.'ALS INCORPORATED, The foregoing recitals are true and correct and are i;ieorporated by reference herein, 1, i,EOAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling unit") and she plan are attached hereto as Exhibit "A" and ineorporeted by reference crcm. OWNER agrees II -« offered for slate in,1600 Ordinance for a 4i of XVMary is issued for he w Ii 4, REPRESENTA6( 0 SIA � , ,raving: r�� a, The Dwelling, Unit shall remain as affordable housing forth in the appendices to the from the date the certiticale represents rind warrents the with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d, The Dwelling Unit shall remain us unfordabie housing for fifteen (ts) rears from the date the certificate of occupancy is issued for the Dwelling Unit; and e, OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,586,34 pursuant to the Impact Fee -2- I Ordinance. In return for the waiver of the impact tees owed by OWNER, G'VNER covenants and agrees to comply with the affordable housing ifjti)acl fee waiver qualification criteria detailed in the Impact Fri Ordinance. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the i�,f wt f:'- waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households inp ;I,, criteria set f ,ih in the Impact fee Ordinance. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for ;rbic housing for a filteen (IS) year period after the date the coilicate or occupancy is 'sued; „,A if the Dwelling Unit ce sesStetuRdirla at purpose during such period, the r;:net !:;es shall be immediate) r6 fid to the COUNTY, T� 1. LIEN. 11,e aiv t iim cs-s all a lien apo the Dwelling Unit on the care of this gSe� nim icOie a r upon in the event of o i ancc with th; q ry nts of this Agreem fd. 0 r 4t RIiLEA4>; OF �. Upon smisraty mplction of the Agreement � G cooirr.r:,ona5 and fificen (I5) years on brhat �rs. mace of the certificate of occupancy, or s _,,hent of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, xd :y necessary dr;vmentation evidencing the termination of the lien, including, but not rcit'i of h'll. BINDINli EFFECT. This Agreement shall be binding upon the parties to this :..:,n; and their res;;ectivc heirs, personal representatives, successors and assigns. In the Qi' Ae or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for in . ri fees waived until said impact fees are paid in full or until the conditions set forth in w! ti Fac Ordimmt c are satisfied. In addition, this Agreement shall run with the land and 1 a lien agai,:t the Dwelling Unit until the provisions of paragraph 8 are satisfied. ItLCOR::INO. 'Phis Abrccmcnt shall be recorded by OWNER at the expense of _. Io lie Offici, i Records of Collier County, Florida, within fifteen (IS) days after s: of this Agreement by the Chairman of the hoard of County Commissioner. 3- ITTAULT. OWNER shall be in default of this Agreement (1) where OWNER fa ell ''lie Dwelling Unit in accordance with the att'ordable housing standards and yr e,. e,Jtcria established in the Impact Fee Ordinance and thereafter fails to pay the irr es d ,, within thirty (30) days of said non-compliance, or (2) where OWNER violates housi ag qualification criteria in the Impact Fee Ordinance for a period of 1111 x notice of the violation. EMEDIES, Should the OWNER of the property fail to comply with the said qr feria at any time during the litteen (IS) year period, or should OWNER violate a, si oi' Osis Agree>nent, rhe impact fees waived shall be paid in full by OWNER within t, 6,; or said nc r-compliance, OWNER agrees that the impact fees waived shall c, of on the DwIllli; Unit commencing on the clTe ive dale of this Agreement and ec Fa ncen (IS) yr =s from tha- t�g�f-`�s's�r e of the certificate of occupancy or until /y� re n shall be . p r p d paramount loin r4fa tin the Dwelling Unit of any mortp;-,p/ec, or iher,persa n el liens or ounty taxes and shall be on p, h Irons of any sucli To at s. o I � bei default of this Agreement rite H of dj f :!t is not cure ;wit in (30) days after lien not'o OWNER, the Board may b: g iv!) ction to enR)rr �,(hl greement. In ad " i e lien may be foreclosed or 1 of > reed by the COUNT .6�Ia���� equity as for the foreclosure of a rn a, • I d property. This remedy is cumulative with any other right or remedy available t( )Ui I' f. The Boa, d shall be entitled to recover all fees and costs, including attorneys f s , ':y phc Boar(l in enforcing this agreement, plus interest at the statutory rate for jt in flared on a c icndar day basis until paid, iN WITNM. V111EREOF, the parties have executed this Agreement for Waiver o� on the date t, ­d year first above written, OWNERS: 1 HABITAT FOR H MANITY OF p tI ,r S v4,�; A COLLIERC TY Samuel J: Durso, M.D., President 4- Sl °'1" :da CC '',! ollier % going instrui. r ( was acknowledged before me this .ash` day of '2000 by . I ,rso, M.D., f >ident of Habitat for Humanity of Collier County, Inc. IlAg personally km : 1� of Person T Acknowledgment "C l�twrA �t ) ntto ar Acknowledger Typed, Printed or Stamped �. S11YIW « I D: _x7 A'I flu, C -5- EXHIBITuA" LEGAL DESCRIPTION LOT 13, BLGC;, 9, NAPLES MANOR LAKES, ACCORDING Y THE PLr "i "OK THEREOF, AS RECORDED IN PLAT BOOK 3, aT PAGB ' , if THE PUBLIC KNOWS OF COLLIER COUNTY FLORIDA. 6 - Prepared hyt Patrick a, white An't. Collier county Aa'y, 330a TaMand Trail Kahl Naples, F1.34112 Flle# 03.161 -IF 3191954 OR; 3301 PG; 2938 1/001010 in 01FICIR1 1100108 of COMI1 COUITT, IL 0512612003 At 0WIPA DII0t1 1, 110ct, :6111 110 111 37,50 Rata IIIAICIA6 AOxIx i 10091x0 I"IR0I11C1 AIIR, 6AORi111RRW53-23381 This space for rtadiM{ AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the D/efQrra.,- act lees is entered into this ay. day of _, 2003 by Itd J een Collier Cort political subdivision of the State of Florida, through its the Bo oblCmiy iCommissip ers, h rei Iter referred to as "COUNTY," and Habitat for Humani y r" a e i aft r referred to as "OWNER," collectively stated WHEREAS, Copier©y� mance No.Y2he Collier County Consolidated Impact Fee Ordinance, as amend y?yki _34;Tt# may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3341 PG: 2939 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction oral I criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; 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 (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, THEREFORE valuable consideration, the cc' tI the Parties covenant and a ree o 10 1, RECITALS ALS IN Q (kRtk" incorporated by 1, nee herein. 2. LEGAL DESCR The legal (the "Dwelling Unit") i, tt tc herein. Housing. of th ' q�g%ing Recitals, and other good and :ypf whit ereby mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference 3. TERM, The term of this Agreement is for no longer than a period of fifteen (15). years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR; 3301 PG; 2940 payments to purchase and pay for 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 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 12,389.28 as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of I(X)% of the impact fees owed by 04W-,Nq Q,ti" later than the expiration of the TERM, OWNER housin i Ordi anc 5. SUBSEQUEN Tt I C`1 j which is subjec Y5 Unit shall be sol criteria set forth in ti to comply with the affordable detailed in the Impact Fee If ER sells the Dwelling Unit "pact fee de i to a s . uent purchaser, the Dwelling to persons or h 9 eeting the deferral qualifying 4C Fee.Ordinar . he case of sale or transfer by gift of the Dwelling Unit, the origi-641' OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Twelve ThoUsand 3 OR: 3301 PG; 2941 Three Hundred Eighty -Nine dollars anti 98/100 {$12,389.981, 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 tights 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 anyer le see tenant, mortgagee, or other person, except that this lien shall 8. RELEASE OF requirements, I el the expense of th C payment, inclu k 9, BINDING EFFE Parties to this Agi taxes. of this Agreement's fees, the COUNTY shall, at evidencing such not limited to, n' lens of tis Agreement sh "til n rk� he land and be binding upon the #ir heirs,trce 4 nd assigns 10. RECORDING, This Agreer�en s�ff�e recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager, 11. DEFAULT. OWNER shall be in default of this Agreement and the impact fees immediately deemed to be delinquent and in default in accordance with Code of laws Section 74.501 of the codified Impact Fee Ordinance if. a, OWNER falls 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 plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set forth in Code 4 OR: 3301 PG: 2942 of Laws Section 74-501, B. 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 retailing of written notice of the violation. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a• Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fitleen (15) year term; or (2) violate any proveseo s-o€-tbisl reement, then the dollar amount of impact r �Lit C Q fees deferredqtarin fn )~R to the COUNTY within thirty (30) days f wi ettnut�cation of said iota 'on. b. Should the OW, E tie _ 1,5e d fau\j of this Agreement, and the default Is �n - t ure it in \n -9• y, aft r mailing of written notice to the O the COUNT Tpay rin civil action to enforce the a In addition,\tV �17�nna�,.focfd, or otherwise enforced by the COUNTY, by ac`tiol' �t u� ltt'w or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid, 5 OR; 3341 PG: 2943 IN WI'T'NESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement Samuel J. Durso, M.D„ President known to me. r [NOTARIAL 411ur .... .. Commie Expire COLLIER COUNTY, STATE OF FLORIDA) Habitat for I ,of ie,l* County, Inc.: By: Sam ue urso, M.D., Presint e me this _a-0 _ day ofY01a. 2003, by of Collier County, Inc.. He ispersonally COUNTY COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this .Qf, day of 2003, by James V, Mudd, County Manager, on behalf of the COUNTY. He is personal) own to [NOTARIAL SEAL] Signature of Perso Acknowledgment yt '. Lauren J. Beard Commission ODDI340T4 Expires: Oct 24, 2006 Honaod mm Atimlic Handing Co., lac. Approved as to form and g ft"ici c ; Patrick O, White Assistant County Attorney R ommend Appro Denton Baker, Director of Financial Administration & Housing OR: 3301 PG; 2944 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 28, Block A, Trail Acres, according to the plat thereof, as recorded in Plast Book 3, page 50, of the Public Records of Collier County, Florida. Type of Impact Fee(e, A. EMS Impact FeB. Correctional FaC. Library Impactb. Parks Impact FeE. Educational Fac811R Road Impact F Ct. Water bnpact Fee H, Sewer Impact Fee TOTAL IMPACT FEES EXHIBIT "B" Co Owed Impact Fee $2,570.00 $2,950.00 $12,389.98 POOWF'mim&Agmlilcnl:/AMMS]It100'k [xreml Agreement (030703 1100) 7 OR: 3301 PG; 2945' 90UNDARY SURVEY WT M MM a, prcps"d hyi Patrick C. White Asst. Collier County An'y. 3,101 Tsmistnl Trsll past Nspirs, F1.3/113 File# 03.162•IF 3191953 OR; 3301 PG; 2930 HCOIDID IA 022ICIAL WORDS of COLLIIA CODIt1, 21 05125/2003 at 0t;27P1 DRIOBt R. BROCI, CLIA AIC 211 37,50 Ittli; 11111CIAL WIN k RODSIIO I"Ho22iC1 Attu; LAORIR BIAADl403-23351 TMs space for rm"I g AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Dc rr �Q$?(Y.�i( act Fees is entered into thisLl day of "'Mc , 2003 by a �ie een Collier Con F , litical subdivision of the State of Florida, through its the Boar of �i� Cammissim rs, he in er referred to as "COUNTY," and Habitat for Humanit o Coil t , C. fte referred to as "OWNER," collectively stated as the " tirtl/ K EAS WHEREAS, Collier G4Z*dty,Ordinance No. 20%1h j(he Collier County Consolidated Impact Fee Ordinance, as amended�4 r,�(as,f--(nay be further amended from time to time, hereinafter collectively referred to as 'Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR; 3301 PG. 2931 WHEREAS, an impact fee deferral agreement may 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 far an impact fee deferral; 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 (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of tWXRr able Housing. NOW, THEREFO-7ecei t sideration of tGing Recitals, and other, good and valuable consideration, the tnd—sufficienay� • f whirl is ereby mutually acknowledged, the Parties covenant and a ree .. o I. RECITALS I �� iD4l e oreg n R O4 is are true and correct and are All incorporated by \ce herein, 2. LEGAL DESCRIjU ,� The legal descrip �n he dwelling unit and its site plan (the "Dwelling Unit' )®"ac A," and is incorporated by reference herein, 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the hnpact Fee Ordinance, and the OWNER'S monthly 2 OR; 3301 PG; 2932 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 remain, the homestead of the OWNER or ,my 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 $12,389,98 as set forth in attached Exhibit "B," incorporated by reference; and e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by O��o later than the expiration of the TERM, OWNERf e ovenants an ; s to comply with the affordable housin drat-fee.dFferral qualifies iOn _riteria detailed in the Impact Fee 5. SUBSEQUENT T S _ R' i If W ER sells the Dwelling Unit which is subjec n he impact fee defe I to a s uent purchaser, the Dwelling Unit shall be sold" to persons or h s t eeting the deferral qualifying criteria set forth in the he �a Fee.Qtdin a�. he case of sale or transfer by gift of ,�- the Dwelling Unit, the ong n 1-t3 NEiz shall remain ]!able for the impact tees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Twelve Thousand 3 OR: 3301 PG; 2933 Three Hundred Eighty -Nine dollars and 98/100 t$12,389,981, as set forth in attached Exhibit "B," This lien may be foreclosed upon in the event of default under this Agreement, Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement ate to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit, Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any o neHee that this lien shall be ih an! 8, RELEASE OF IE Upon __ sa requirements, i On t y O the expense of the . U �r$c llllJfJJJ payment, includ iSg, ut not limited to, 9. BINDING EFFE ' N is Agreement Parties to this Agreent , h 'Pheirs„.s mortgagee, or other person, except of taxes, of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the assigns 10. RECORDING. This Agreeme shalt`Ge recorded by COUNTY at the expense o COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by cite County Manager, 11, DEFAULT, OWNER shall be in default of this Agreement and the impact fees I mmediately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified hnpact Fee Ordinance 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 plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set forth in Code 4 OR: 3341 PG; 2934 of Laws Section 74.501, D. 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. 12, REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUN'T'Y: 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 then the dollar amount of impact fees deferred (30) days of wrytfen_notif(catlon of said b. Should he default i no the OW Agreemen\ c. In addition, to the COUNTY within thirty of this Agreement, and the mailing of written notice to ivil action to enforce the or otherwise enforced by the r COUNTY, by action a suit-ttt- war equity including the foreclosure of a mortgage on real property, The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 5 OR: 3301 PG: 2935 IN WITNESS WHEREOFthe Parties have executed this Agreement on the date and year first above written. Witnesses: STA'L'E OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement Samuel J. Durso, M.D., Presiden known to me. �I [NOTARIAL SE ,M.P•,.. Lauren J. Bet Commission#DDi5! V " Expires: Oct 24, 2 Atlantic }imMing Co, COLLIER COUNTY, Habitat for H anit tier ounty, inc.: Iiy: Stt urso, M.D., President .4 t ,e me this _2A�yE day of DA 2003, by of Collier County, Inc.. He is monally COUNTY STATE OF FLORIDA) " COUNTY OF,COLLIER) The foregoing Agreement was acknowledged before me this iii day ofLY],a�, 2003, by James V. Mudd, County Manager, on behalf of he COUNTY. He is personally down to Me. [NOTARIAL SE Lattren J. Heard Signature of Perso �nowiedgnient +�'�; Commission NDD I590A1 y y% -Expires: Oct 24, 2006 AIIMIIic liordiny Co., Inc. roved tts to form and R ommell Approval g uffici Patrick O. White Denton Baker, Director of Assistant County Attorney Financial Administration & Housing R OR: 3301 PG: 2936 EXHIBIT "A„ LEGAL DESCRIPTION Habitat for Humanity or Collier County, Inc. Lot 29, Block 4, Trail Acres, according to the plat thereof, as reeorded In Plat Book 3, Page $0, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT Type of Impact Fee CJn _ -A+�un wc4 A. EMS Impact Fee --� $93. B. Coneictional Facii' les act F 1 C. Library Impact Pe Ci t D. Parks Impact Vee, l" $1 195.1 E. Educational FacilitiO. 'v t Impact Fee F. Road Impact Fee �\7 G 00 G, Water Impact Fee $2,570.00 H, Sewer Impact Fee $2,950.00 TOTAL IMPACT FEES $12,389.98 PUWFonua&Agrce[nent5/AMisgWiOf9F. DOOM] AgMewnt 00703 1 1001 7 *** OR; 3301 PG; 2939 *** fill � tl►{�ni1 t, t{i lift., iI�,,,t,fi(i [ E� i !it t li�ls• ESI � fel �; i�IilIlifI IIiliEi�li7! if 11 t 111 if DOUI4DARY SURVEY 1AT kV. mm 4. IMV. ACM 901^ MMA AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into /� thisbday Of iA , 1995, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I T N E S S E T H; WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County ordinance No. 88-96, as amended, the Collier County Parks and Recreational �Fa/c/i.1�tg'�' hies Ordinance; Collier County Ordinance No. q as amende ;t_ a Collier County Emergency Medical qsrv 's'syste Impa t Fee ordinance; Collier County Ordi an � s./'/�� d d, the Collier County Road Impact F z ; Cc 1 e F_,C unty Ordinance No. 92-33, as am d, the Col er oty Educational Facilities System Impar a ordinance, y may be further amended from time to time ��xe'naft��g6 ctively referred to as "Impact Fee Ordinance", pro or waivers of impact fees for new owner -occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and 1916455 OR; 2100 PG: 2140 IICOIOID in OFFICIAL IICOIDS Of COLLIII COOITI, 1L 09/19/99 at 09:36AN ORION? L BIOCI, CLIII AIC 111 77.00 COFTIS 1.00 Reta: CLAII TO TBI BOARD IITIIOFIICI STB ILDOI 111 1.140 - 1 - OR; 2100 PG; 2141 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a ccw'�����'aiver of impact fees for OWNER embodied in Resolution No. 95 -, at its regular meeting of z42- , 1995; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTI N'vp Cc', �description of the dwelling unit (the "q 6 ng Unit") tached hereto as Exhibit "A" and inter or t,by�re£erg ce h re'n. 3. TERM. OW ER e 1 ing Unit shall remain as affordabl u i ttFF,..JJ„ h 11 e o�f�e ed for sale in accordance with the , ndards set fe appendices to the Impact Fee Ordinfor a perio f teen (15) years commencing from the date xtifie occupancy is issued �i Cl/ for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit, shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; - 2 - OR: 2100 PG: 2142 b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $1,922,5L_ dollars pursuant to the Impact Fee ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees toy*k� affordable housing impact fae� waiver q �l'if Cation criteria detail d n�he ImpWt��Flee 0 i ince. 5. SUBSEQUENT T 11 the Dwelling Unit subject to t e U �� we e [to a subsequent purchaser, the Dwell - Unit shall b so d ® y to households meeting the criteria str` h in the Im p�✓ ee ordinance. 6. AFFORDABLE REQU ECT' `lalling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the - 3 - OR: 2100 PG: 2143 termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER_( rYv�n,j$ Records of Collier County, Florida, with; i#` teen (15)daV�ter execution of this Agreement byth hha rmen a the B and of County commissioners. 111fff 11. DEFAULT. $ i `de t� this Agreement (1) where OWNER fail t� sell the Dw li q Q t in accordance with the affordable '{�q�tging standar nd qualification criteria established in th�I\niit�ielgC$•r nance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of - 4 - OR; 2100 PG; 2144 occupancy or until repaid. such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may De rvrevivocv — otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, ,p'Jgvjj '�� t the statutory rate for judgments calculatefl(cr calendar d'a sis until paid. IN WITNESS Agreement for Waiver above written. Witnesses: Print Na :p Hl -fl, A, n.0 DATED: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Heidi F. Asht n ` Assistant County Attorney ies\ha�e executed this and year first FOR I ' . '/ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: L ,BETTY J. MATTHEWS, CHAIRMAN - 5 - OR: 2100 PG; 2145 STATE OF Florida _) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this day of l , 1995, by Charles C. Smith. Vice Preside *p'mmokalee H -bit -t for Humanity, rpt He is personally known to me. [NOTARIAL SEAL] Slgnatur�;f Person Tak4ing ACKndrwledgment 4.214 Name of Acknowledger Typed, Printed or Stamped IO:AX SI: ?At.l{cV XI1T1RIn\ MY l I \(>.115111 ^.: - 6 - *** OR: 2100 PG: 2146 *** EXHIBIT "X" Lot 16, Highlands Habitat subdivision, according to the plat thereof, recorded in Plat Book �S , Page :,i of the Records of Collier County. Prepared by: WtrickG. White Aea't. Collier County Att'y. 3301 Tamkttnl Trs11 Fast Naples, Fl, 34112 Permit # 2998255 OR: 3055 PG: 0051 RICORDID in OPPICIAL RICORDS of COLLUM COUSH, PL 06113/2002 at 07:50AN UNION? 1. BROC1, CLIRI RIC rel 42.00 Retn: ROUSING i URBAN INPROVININt PICK NA URU SIAID 403.2331 This spam for recording AGREEMENT FOR WAIVER OF 50% AND DEFERRAL OF 50% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the W i<'uc 8 % d` hgf4 into this o�day of �!)v- 22002, by subdivision of the State o Flq id ltd hrvu,wO ti 62% referred to is "COUNTY "OWNER," collectively RELIT WHEREAS, Collier Cgfij,"rdinance No. Impact Fee Ordinance, as it may e� ll of 50% of Impact Fees is entered I',tk't en Collier County, a political oof C unt Commissioners, hereinafter hereinafter referred to as Collier County Consolidated to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waiver and deferral of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for the waiver of 50% and deferral of 50% of the impact fees otherwise required to he paid, as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of 50% and deferral of 50% of impact fees as set forth in the Impact Fee Ordinance; and OR: 3055 PG: 0052 WHEREAS, the impact fee waiver and deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral and 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 and Deferral Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver and deferral 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. �®�00� COOA,_ NOW, valuable consideration, the Parties covenant and 1. RECITALS INOOKPORATED. The incorporated by 2. LEGAL (the "Dwelling Unit") is attached as herein, and other goad and mutually acknowledged, are true and correct and are the dwelling unit and its site plan "A," and is incorporated by reference 3. TERM. As to the waiver of impact fees, the terms of this Agreement apply for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. As to the deferral of impact fees, the terms of this Agreement apply for so long as the Dwelling Unit is occupied as affordable housing such that the Dwelling Unit shall only be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. OR: 3055 PG: 0053 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER's household earnings will not exceed a low income as defined in the Impact Fee Ordinance, and the OWNER's monthly payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. Owner is a first-time home huyer; C. The Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner; d. OWNER is t e� rk;�Koo f the Dwelling Unit, and pursuant to the Impact mance owes int in the total amount of $4,848.81 as se fo >idE ibi -13," it o rated by reference; and e. In etur e r in an deferring 50% of the impact fe • R d by R NER 'u he �� enants and agrees to comply wit in affordable housing pac fe ver and deferral qualification critertt ¢taUed in the Impact e ce. 5. SUBSEQUENT TRVa gfl� REPA�RN jif OWNER sells the Dwelling Unit SIE Ow which is subject tc the impac rwnrt�er, and deferral to a subsequent purchaser, the Dwelling Unit shall be sold only to persons or households meeting the waiver and deferral qualifying criteria set forth in the Impact Fee Ordinance. In the case of such sale or transfer by gift of the Dwelling Unit. the new qualified OWNER shall become liable for the impact fees waived until the original fifteen year term expires, and shall become liable for the impact fees deferred until said impact fees are paid in full, or until the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied, i.e„ the Dwelling Unit is sold or transferred to another qualified purchaser. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this 3 OR; 3055 PG; 0054 Agreemew and if the Dwelling Unit ceases to he utilized for that purpose during such period, the full amount of the waived and deferred impact fees shall be immediately paid to the COUNTY. except that after fifteen (15) years the waived impact fees no longer are required to he repaid. 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of the waived and deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Four Thousand Eight Hundred Forty -Eight dollars and 82/100 ($4.848.82), as set forth in attached Exhibit "B," except that after fifteen (15) years the waived impact fees no longer are required to bbe , ��"f�hi - hsn�be foreclosed upon in the event of default under this g' k�8 nt. Provided Tt �e OWNER is the mortgagor, the COUNTY and W re"at-hy.,and in ons i eration of a suitable security collateral bei g �v' e t he COUNTY, then all of the COUNTY'S igJig is n nt s • aris g u o�eer this Agreement are to he considered jun CCrferior, and subordr to tc eayi st mortgage on the Dwelling Unit. Except as : buh re noted in this A r etE ll - d regardless of any foreclosure on the first mortgage 0 1& security -i ort C itch lien shall otherwise be superior SR and paramount to the interest Cwelling 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 at the end of the term of the Agreement, or prior payment of the waived impact fees within the fifteen (15) year tern applicable to waived impact fees, and payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment(s), including, but not limited to, a release of lien. 4 OR: 3055 PG: 0055 9. BINDING EFFECT. This Agreement shall tun with the land and he binding upon the Parties to this Agreement, their heirs, successors, and assigns 10. RECORDING. This Agreement shall he recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement 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 i 01t 1i4 0ut s 'ee of said non-compliance, or b. OWN )%�tt'nt e to violate a %eaffordable housing qualification crit is in' t mpa keei{tance riod of fifteen (I S) days after 12. REMEDIES. any other right or remedy available to th NTY: a. Should �NERof the pro fail to comply with the said qualification t any ti the term of this Agreement; or (2) �E C1R violate any provisions greement, then the dollar amount of impact fees waived and deferred shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation, except that after fifteen (15) years the waived impact fees no longer are required to be repaid. 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, the COUNTY may bring a civil action to enforce the Agreement. 5 OR; 3055 PG; 0056 c. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in law or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses (as to both): Print Print STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this day of -(� 2002, by Richard J. Nogaj, President of Jubilation Development Corporation. He is personally known to me. (NOTARIAL SEAL) Si ature of Pe . ing Acknowledgment E LAUREN I HEARD MYCOMMISSION 0lC m1" EXPIRESt 10,24=2 ARY fl�Naury Santa! Co M, OR; 3055 PG; 0057 COUNTY: COLLIER COUNTY, FLORIDA THOMAS W. OLLIFF, CO[ ANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this —Q�%ay of 2002, by Thomas W. 011iff, County Manager, on behalf of the COUNTY. He is perso ally known to me, r [NOTARIAL SEAL] �f-„,Sippturc of Person g Acknowledgment to form Patrick G. White Assistant County LAUREN J. BEARD MYCOMMIa9ON600"I” 0%P111E110AMM2 G! t4k �-I terim Director of & n Improvement OR; 3055 PG; 0058 EXHIBIT "A" LEGAL DESCRIPTION Jubilation Development Corporation LOT 14, OF THE JUBILATION SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 37, PAGES 4 THROUGH 7, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Type of Impact FeeC A. Library Impact Fe B. Road Impact Fee —r C. Parks Impact Fee j1 Ij D. EMS Impact Fee E. Educational Facilitik F. Correctional Facilities lint' TOTAL IMPACT FEES EXHIBIT "B" Impact Fee 50% DEFERRED IMPACT FEES 50% WAIVED IMPACT FEES z cvi� 0 $2,424.41 $2,424.41 �w 1 , t L'•4l 3F 1 ,fK• .Ift \ r'xP �. Y Ir ��`` i , ..� Tat a• A' k3 '. t � �' � v it w JJ i t '1=1pj R1j� te•+'), `k Y]I •� 1' a!' ^ � ' t .1) 22.'emm yy �I 1 �� •d• j � ;f, 'fir 5.1��� 111 { { ✓, dK .t'��"ty).fg. 3108785 OR: 3194 PG: 0659 RICORDID in OIBICIAL 11CORDS of COLLIIA COUNTS, IL Prepared by: 01/10/2003 at 01:23PN DIIGRT 1. BROC1, C1111 Patrick G. White RIC 111 37,50 Asst. Collier County Att'y. Ietil: 1301 Tamiand Tnil East 111ANCIAL RONIN 4 ROUSING Naples, FL 34113 INTIAOTIICI ATTN: MAIN BIAAD)803.2338) File#03-091-IF This space for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defepl�-qtVW,-q I act Fees is entered into this Bj gday of e. ��.. 2002 by ant Florida, through its the Boar of// and Jubilation Develooment Clc stated as the "Parties." ��QQA RECIT WHEREAS, Collier 4riikt 'N Ordinance No. Impact Fee Ordinance, as )rN subdivision of the State of referred to as "COUNTY," as "OWNER," collectively Collier County Consolidated be further amended from time to time, hereinafter collectively referred to as Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and I OR: 3194 PG: 0660 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, valuable consideration, the the Parties covenant and 1. RECITALS incorporated by nce herein. 2. LEGAL DESCR N. The legal (the "Dwelling Unit' �4�a�end a herein. 1 Housing. Recitals, and other good and mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference 3, TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 5. OR; 3194 PG: 0661 payments to purchase and pay for 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 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 $6 ,082.98, as set forth in attached Exhibit "B;' incorporated by reference; and In return for the COUNTY deferring repayment of 100°% of the impact fees owed by OWNER which is Unit shall be sdI4,4, jtjy to persons or criteria set forth in the Dwelling Unit, the later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee Tv If O NER sells the Dwelling Unit a . �fiJ quent purchaser, the Dwelling in the deferral qualifying the case of sale or transfer by gift of shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Six Thousand Eighty - 3 OR: 3194 PG: 0662 Two dollars and 98/100 ($6,082.98), 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, parity with any lien 4 8. RELEASE OF L requirements, i cl t the expense o th 1C( payment, inclu ing, but not limited to, 9. BINDING EFl E his Agreement Parties to this Agree ( iim_, 10. RECORDING. This Agreemetst-sTrai person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such land and be binding upon the and assigns recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER tails 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: 3194 PG: 0663 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 deferred 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, the COL N , � , bring a civil action to enforce the Agreement. c. In additi?6, 'l ay be forecld4d,\�r otherwise enforced by the I the foreclosure of a be entitled to recover all fees and coskK�'Acluding attorneys`[laps, �lus! §lest at the statutory rate for � ated on a calendat"da~fkf�ntil paid. k OR: 3194 PG: 0664 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: Print Named�T \ nAAnD11 7 CPA;Z! Print NameKalnct Fa Cc,n._eZL STATE OF F'eoA-01,OA ) COUNTY OF 42 Y 10;/i? ) The foregoing Agreement was 2002, by Richard J. Nogaj, Press f known to me. xC so N *ftm cw A 06, cc COLLIER COUNTY, STATE OF FLORIDA) JAMMW, TAIL GII?' Corporation: before me this day ofNcj rnbuce, elopment Corporation. He is personally Acknowledgment l� D, COUNTY MANAGE COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this 10� day of 2003, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally knofA to me, '+ "WK`&i9sle yAwud Signature of Pe . — ing Acknowledgment ' . Commisrkn #DD159094 ,d'' Expires: Oct 24, 2006 '?%i�d�' Boarded Pin"�,, Atlantic Bonding Co., Ne. Approved as to form and legal iciency: Patrick G. WCt Assistant County Attorney Recammend ro I Denton Baker, Interim Director of Financial Administration & Housing OR; 3194 PG; 0665 EXHIBIT "A" LEGAL DESCRIPTION Jubilation Development Corporation Lot 17, of the Jubilation Subdivision, according to the plat thereof, as recorded in Plat Book 37, Pages 4 through 7, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee fi n wet A. EMS Impact Fee $93. B. Correctional Facili tes m act Fe 7 C. Library Impact Fe 0 t F --q D. Parks Impact Fee: $1,195 E. Educational Facilitieem Impact Fee 78.1 r F. Road Impact Fee ®� TOTAL IMPACT FEESi POWFo &Agwmen1s/Aft14sgn/100% Ddfeiml Agreement 1081602 1012) 7 WIN IM, L �'• n... tli 1 tr': �t ' r # ai/ s It , ' 1 �•i�f*n,S Allo d. ' i. F y: r Ct • 1 F Ri t .. Ir \ {}tI y'�f}j-A jai •l` 1 i yR , �� '. i 1 �Y � •' t .e5• 14,x, % R,e \ e �$ �• s < ' t ' 7 .!_ S J J e I • y • �> � C \ S ?j ,' ' , d i egr �.'aik ' • { Ir ,. .. t i � 1, � � :� ��ii ,� �, C ��i: 'r9 ,%. � '���- i��A i 1. � ♦ 4y ' %sa !.w f e•A.ws._ '�. �' �. •: it . .� 1 ` gra �/�♦ ; �.. •. \Z_ ' , � L'4 yep � �,�y r.i/. `.,�•'•.,', . i."/= (L41�" ''�ri,I •� ,�,. �: , r i � ,e�. IwrP �I i �• � .�f It �fi"°' ���i. �..i r �i;Sry �( (1.� i�1�1a^ r wr1_�-\el�ti■ r w./,¢, I,t/ .��, i ew .1 y. .:4:1'''A'T'� -i\ ." 1 .+[..; tip..—.m'•�• .. t ( pl�l., r •t%;, ►,af, gip• • F.:.i �.a�l�f" - ►i1 ' ..�1•' fj 1ati.Ar �•F1jw: nl f'..ry 6i, ic: k-, ! of :• 1 .'7"F 1..,G+r.3\ .�I i I\G(•��' 7�7>;~' M ^�. �a lE F L� ... 43 1S •: ' `'\ 1 •.•�, 6��� t+ `li Rim' F,AiAl6VAX.n.FT v. 8+e'R rd_i'g4*T"4 2998210 OR: 3054 PG: 3321 RICORDID It OPPICIAL IICOUS of COLLAR COMM, PL 0611312002 at 07:21U DNIGRt 1. IROCN, CLIRN Prepared hyt RIC PIs 62,00 Rita: Patrick G. While NOOSING i DRBAN INPIOVIl1INT Amit. Collkr County Att'y. PION DPILADIII BRAND 33x1 Tanduni Tall Eat Naples, FL 34112 403-2331 Permit # Thk Wave for remrdinR AGREEMENT FOR WAIVER OF 50% AND DEFERRAL OF 50% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the W v 96 f� p���1 of 50% of Impact Fees is entered into this bay of 2002, by and%bet een Collier County, a political subdivision of the State referred to as "COUNTY(;' "OWNER," collectively WHEREAS, Collier ouptkQrdinance No, Impact Fee Ordinance, as it may of Oounty Commissioners, hereinafter hereinafter referred to as Collier County Consolidated time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waiver and deferral of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for the waiver of 50% and deferral of 50% of the impact fees otherwise required to be paid, as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Department, and WHEREAS, the County Manager, or his designee, has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of 50% and deferral of 50% of impact fees as set forth in the Impact Fee Ordinance, and OR: 3054 PG: 3328 WHEREAS, the impact fee waiver and deferral shall he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the prgject as eligible for an impact fee deferral and waiver; and WHEREAS, pursuant to Section 74 -?01, 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 and Deferral Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver and deferral 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, valuable consideration, the Parties covenant and I. RECITALS IM RMORATED. The incorporated by Recitals, and other good and mutually acknowledged, are true and correct and are Z. LEGAL DESCRIPI'Id��IE- gc�ip`t' rf of the dwelling unit and its site plan (the "Dwelling Unit") is attached as Exhibit "A," and is incorporated by reference herein. 3. TERM. As to the waiver of impact fees, the terms of this Agreement apply for no longer than a period of fifteen (15) yeah commencing from the date the certificate of occupancy is issued for the Dwelling Unit. As to the deferral of impact fees, the terms of this Agreement apply for so long as the Dwelling Unit is occupied as affordable housing such that the Dwelling Unit shall only be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 2 OR: 3454 PG: 3329 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. b. C. d. e. OWNER's household earnings will not exceed a low income as defined in the Impact Fee Ordinance, and the OWNER's monthly payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; Owner is a first-time home buyer; The Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner; OWNER "C Impac a fdinance owes 1 ass t fo h ttae ed-Exh4 In retu " o fe e b 1 wit �4h affordable housing critere iled in the Impact S. SUBSEQUENT which is subject to the the Dwelling Unit, and pursuant to the in the total amount of $4,848.82, " ilpor39rated by reference; and deferring 50% of the impact and agrees to comply and deferral qualification OWNER sells the Dwelling Unit and deferral to a subsequent purchaser, the Dwelling Unit shall be sold only to persons or households meeting the waiver and deferral qualifying criteria set forth in the Impact Fee Ordinance. In the case of such sale or transfer by gift of the Dwelling Unit, the new qualified OWNER shall become liable for the impact fees waived until the original fifteen year term expires, and shall become liable for the impact fees deferred until said impact fees are paid in full, or until the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied, i.e., the Dwelling Unit is sold or transferred to another qualified purchaser. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he utilized for affordable housing as defined in the Impact Fee Ordinance during the terns of this 3 OR; 3054 PG; 3330 Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived and deferred impact fees shall he immediately paid to the COUNTY, except that after fifteen (15) years the waived impact fees no longer are required to be repaid. 7, LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of the waived and deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Four Thousand Eight Hundred Forty -Eight dollars and 821100 ($4,848,82), as set forth in attached Exhibit "B;' except that after fifteen (15) years the waived impact fees no longer are required to default under this COUNTY and O collateral bei g COUNTY'S lijen i h considered ju �r�'nfer Unit. Except as h \\\\\\® on the first Provided , and noted in this and paramount to the interest iay he foreclosed upon in the event of e OWNER is the mortgagor, the in •ow'deration of a suitable security the COUNTY, then all of the this Agreement are to be mortgage on the Dwelling regardless of any foreclosure lien shall otherwise be superior ling 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 at the end of the term of the Agreement, or prior payment of the waived impact fees within the fifteen (15) year term applicable to waived impact fees, and payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment(s), including, but not limited to, a release of lien. 4 OR: 3054 PG: 3331 9. BINDING EFFECT. This Agreement shall run with the land and be binding upon the Parties to this Agreement, their heirs, successors, and assigns 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County. Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of �a b. OWNETr criter'a in fht maing 12. REMEDIES. oI w' available to the NTY: a. Should t - N qualification violate any provis' tJkwL of cc of said non-compliance, or to violate u��t)t%ariod ordable, housing qualification ",ee.QrdAance r of fifteen (15) days after any other right or remedy of the propert fail to comply with the said -any- �t r the term of this Agreement: or (2) ,i C oof`tltis`�ement, then the dollar amount of impact fees waived and deferred shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation, except that after fifteen (15) years the waived impact fees no longer are required to be repaid. 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, the COUNTY may bring a civil action to enforce the Agreement. 5 OR: 3054 PG: 3332 c. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in law or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses (as to both): Print STATE OF FLORIDA) COUNTY OF COLLIER) Corporation The foregoing Agreement was acknowledged before me this 6, day of 7w.—k- 2002, by Richard J. Nogaj, President of Jubilation Development Corporation. He is personally known to me. `\ o [NOTARIAL SEAL] Signature of Person -T* ' g Acknowledgment E LAUREN 1. BEARDMY COMMISSION • CC,,71" EXPIRES IUZiPA02 OTARY M N,% ; Sm�c,a d Rmdln Co 2 OR: 3054 PG: 3333 COUNTY: COLLIER COUNTY, FLORIDA THOMAS W. OLLIFF, Y MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this 1 Q��day of 2002, by Thomas W. 011iff, County Manager, on behalf of the UN Y. He is perso all4! y known to [NOTARIAL SEAL] Aignature of Person Talo g Acknowledgment Approved as to Patrick G. White Assistant County LAUREN J. BEARD o MY COMMISSION CK'Tnlad C, CXPIACS:IMK!W2 lI V ;rim Director of Improvement OR; 3054 PG; 3334 EXHIBIT "A" LEGAL DESCRIPTION Jubilation Development Corporation LOT 32, OF THE JUBILATION SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 37, PAGES 4 THROUGH 7, INCLUSIVE., OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Type of Impact Fee A. Library Impact F B, Road Impact Fee C. Parks Impact Fej D. EMS Impact Fee E. Educational Faci F. Correctional Facilities hR TOTAL IMPACT FEES EXHIBIT "B" Impact Fee 50% DEFERRED IMPACT FEES 50% WAIVED IMPACT FEES Cly? E $2,424.41 $2,424.41 Prepared by: Patrick C. White Asst. Collier County Att'y. 3301 To niaml Trall Rust Naples, R, 34112 Permit # 2998214 OR: 3054 PG: 3363 RECORDED to OFFICIAL RECORDS of COLLIER COUM, FL 06/1312002 at 01:24AN DNIGNT 1. BROCK, CLERK RIC FEE 62.00 HIM NOOSING i ORGAN INPROVININT PICK OP/LAORIN HARD !03.2331 This spam for recrnrding AGREEMENT FOR WAIVER OF 50°% AND DEFERRAL OF 50% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for thev16yr b% dtl f rr II f 50% of Impact Fees is entered 1>1 into this lii''day of 2002, by anteen Collier County, a political subdivision of the State FI rid ,ht^T g 'is ➢ a of un Commissioners, hereinafter referred to as "COUNTY," a ub ti n v m rati n, hereinafter referred to as "OWNER," collectively s to s. h E"` RECITA 0 WHEREAS, Collier u t Ordinance No. 2 c1. he Collier County Consolidated Impact Fee Ordinance, as it may !j$rt time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waiver and deferral of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for the waiver of 50°% and deferral of 50°% of the impact fees otherwise required to he paid, as allowed by the impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of 50°% and deferral of 50°% of impact fees as set forth in the Impact Fee Ordinance; and OR; 3054 PG; 3364 WHEREAS, the impact fee waiver and deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral and 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 and Deferral Agrecments; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver and deferral 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. I K cot& NOW, valuable consideration, the Parties covenant and 1. RECITALS IN(MR'PORATED. The incorporated by Recitals, and other good and mutually acknowledged, are true and correct and are 2. LEGAL DESCRIPTIOT�'t 4199l icbi idn of the dwelling unit and its site plan (the "Dwelling Unit") is attached as Exhibit "A," and is incorporated by reference herein. 3. TERM. As to the waiver of impact fees, the terms of this Agreement apply for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. As to the deferral of impact fees, the terms of this Agreement apply for so long as the Dwelling Unit is occupied as affordable housing such that the Dwelling Unit shall only he offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. K OR: 3054 PG: 3365 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER's household earnings will not exceed a low income as defined in the Impact Fee Ordinance, and the OWNER's monthly payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. Owner is a first-time home buyer: C. The Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner; d. d. OWNER is�oytij—the Dwelling Unit, and pursuant to the Imp ac durance owes impa in the total amount of $4,848.82, as s t fo h ' ac h Bxhil�it "B,' itl o� rated by reference: and e. In retu I a d deferring 50% of the impact fe " NE f rth rr - venants and agrees to comply wit%h affordablehousing snpa t f � iver and deferral qualification criter •e led in the hnpact Fee3 fce. 5. SUBSEQUENT TR [f OWNER sells the Dwelling Unit which is subject to the impac a waiver and deferral to a subsequent purchaser, the Dwelling Unit shall be sold only to persons or households meeting the waiver and deferral qualifying criteria set forth in the Impact Fee Ordinance. In the case of such sale or transfer by gift of the Dwelling Unit, the new qualified OWNER shall become liable for the impact fees waived until the original fifteen year term expires, and shall become liable for the impact fees deferred until said impact fees are paid in full. or until the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied, i.e., the Dwelling Unit is sold or transferred to another qualified purchaser. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this 3 OR: 3054 PG: 3366 Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived and deferred impact fees shall be immediately paid to the COUNTY, except that after fifteen (15) years the waived impact fees no longer are required to be repaid. 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of the waived and deferred impact fee shall constitute and he a lien on the Dwelling Unit in the amount of Four Thousand Eight Hundred Forty -Eight dollars and 82/100 ($4,848.82), as set forth in attached Exhibit "B," except that after fifteen (15) years the waived impact fees no longer are required to ..f "� ay be foreclosed upon in the event of default under this lent. Provided t N a OWNER is the mortgagor, the COUNTY an O agre 4ha • nd in consideration of a suitable security collateral he'ng E ' the COUNTY, then all of the COUNTY'S ri h ( a dd J�-i'q}i s ar in r ddw this Agreement are to be considered ju inferior, and suborate e rrst mortgage on the Dwelling Unit. Except as t'o ere noted in this and regardless of any foreclosure on the first mortgag � o t r-secur'k �ttri t� such lien shall otherwise be superior and paramount to the int res 'n thwelling 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 at the end of the terns of the Agreement, or prior payment of the waived impact fees within the fifteen (15) year term applicable to waived impact fees, and payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment(s), including, but not limited to, a release of lien. 4 OR: 3054 PG: 3367 9. BINDING EFFECT, This Agreement shall run with the land and be binding upon the Parties to this Agreement, their heirs, successors, and assigns 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement 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 m7d g%vri �ice of said non-compliance, or b. OWNS+�t'n eDs to viola- to 3rt`,8tt e affordable housing qualification criter a in Etre (tripact Ece Ordinance r a riod of fifteen (15) days after 12. REMEDIES. fTh4ollowAg �et{tCASFA'fe cdbti�ati j�� ith any other right or remedy available to a. Should t NER of the proi;64. CC tail to comply with the said vqualification 'e7i i_a �( R � he term of this Agreement; or (2) iolate any provision tp >1s4tt g meat, then the dollar amount of impact fees waived and deferred shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation, except that after fifteen (15) years the waived impact fees no longer are required to be repaid. b. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days atter mailing of written notice to the OWNER, the COUNTY may bring a civil action to enforce the Agreement. 5 OR; 3054 PG; 3368 c. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in law or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Z�V—oj Witnesses (as to both): Print Name STATE OF FLORIDA) COUNTY OF COLLIER) Corporation The foregoing Agreement was acknowledged before me this & 04—day of , 2002, by Richard J. Nogaj, President of Jubilation Development Corporation. He is personally known to me. [NOTARIAL SEAL] Signature of PersonZAing Acknowledgment •..� �. yA�� �rt+,;, �.v 1. EEARD j+.P E.KPIRC5. 10,14M2 KIN' t IMMI5i10%#IN 19R y�Oi V104 of IV -14:002 ' t++.y '07ARI' Signature of PersonZAing Acknowledgment 0 •..� �. LAUREN J. RE.\RD % e KIN' t IMMI5i10%#IN 19R y�Oi V104 of IV -14:002 ' t++.y '07ARI' Fl� \.van $ffV<ts S @n9[u P+ 1 -vim..' 0 OR: 3054 PG: 3369 COUNTY: COLLIER COUNTY, FLORIDA BYAIA THOMAS W. OLLIFF, C Y MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this -ja��day, of 2002, by Thomas W. 011iff, County Manager, on behalf of the OUN'I Y. He is pets aU known to me. G _ [NOTARIAL SEAL] �t at of Person T Acknowledgment Approved as to Patrick O. White Assistant County LAUREN J. BEARD ON" MV COMMISSION ♦CC2'11I9S \ � Ol EXPIRES � 10114r,002U! 4OOS \ 1\`_ liJ: 1c, ffiJ !rim Director of Improvement OR; 3054 PG; 3370 EXHIBIT "A" LEGAL DESCRIPTION Jubilation Development Corporation LOT 36, OF THE JUBILATION SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 37, PAGES 4 THROUGH 7, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" KDOWN CO? Type of Impact FeeQ A. Library Impact F B. Road Impact Fee . C. Parks Impact Fe ; lj Imo( 0 �I/}J D. EMS Impact Fee C� E. Educational Faciliti , •tem impact Fee F. Correctional Facilities A-ct e TOTAL IMPACT FEES 50% DEFERRED IMPACT FEES $2,424.41 50% WAIVED IMPACT FEES $2,424.41 E 12 3108192 OR: 3194 PG: 0115 RICORDID is OYYICIAL UCOIDS of COLLAR COUNTY, TL Preparedkv: 01/10/2003 at 01:23PK DKIGBT 1. BROCI, CLIRI Pic rll 31.50 Patrick G.While lets: Asst. Collier County Att'y. 3301 T,nyand Troll East FINANCIAL ADKIN i HOUSING Naples, FL 34112 IHTIROTTICI ATTN: LAURIN BIA101403-233/) Flle#03.098-IF This spell for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defe I ■ f e w��, 21702 by ItT arr77, en Collier Florida, through its the Boar ty 1st and Jubilation Develo m t It stated as the "Parties." p I WHEREAS, Collier �(it kordinance No. Impact Fee Ordinance, as time, hereinafter collectively referred to as Fees is entered into this �Ir � day of rz subdivision of the State of referred to as "COUNTY," as "OWNER," collectively Collier County Consolidated be further amended from time to Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office. of Financial Administration and Housing 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 all affordable housing 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and I OR; 3194 PG; 0716 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of = valuable consideration, the the Parties covenant and 1. RECITALS incorporated by r04r,?snce herein, 2. LEGAL DESCRIPT,19N..The legal 0 (the "Dwelling Unit") herein. Housing. Recitals, and other good and is hereby mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR: 3194 PG: 0717 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 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 $6,082.98, as set forth in attached Exhibit "B;' incorporated by reference; and e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWNER-unt!L no later than the expiration of the TERM, '�Z Cp OWNER 6r✓ ovenatlt dV es to comply with the affordable housinrt% ct fee quali6ca ion iteria detailed in the Impact Fee 5. SUBSEQUEN T S R E E ° f �W ER sells the Dwelling Unit which is subjee d he impact fee def ri I to a s uent purchaser, the Dwelling Unit shall be sol Mfl to persons or h eeting the deferral qualifying criteria set forth in th a, e Ordi a case of sale or transfer by gift of the Dwelling Unit, the origiashall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 terns of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the deferred impact fees shalt be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Six Thousand Eighty - 3 OR; 3194 PG; 0718 Two dollars and 98/100 ($6,082.98), 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, mort agee o th person, except that this lien shall be on 0 parity with any lien f Gtt 3 axes. 8. RELEASE OF IE pQ satisfactory co letion of this Agreement's requirements, i lu ng of h . pa t fees, the COUNTY shall, at the expense of he N Yc n e ar rd umentation evidencing such payment, includ ut not limited to, a - eas of iN 9. BINDING EFFE is Agreement sha p i e land and be binding upon the Parties to this Agreemh 'r -heirs suc st✓3�is� nd assigns 10. RECORDING, This Agreement -shalt recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 3194 PG: 0719 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 (t5) year term; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees deferred 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, the C_QUNTY--xiay bring a civil action to enforce the Agreement. c. In additioji, ted lien may be forecld`ed, Apr otherwise enforced by the , bS action4"0i c..sGit in labor eq_t�ity including the foreclosure of a entitled to recover all fees and cos i clu in -home s\f es, kis iZ st at the statutoryrate for �� B Y � w judgments ;laced on a calend a g 8i1 paid. -t-RE- i 5 OR: 3194 PG: 0720 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Wiitttne/sssses::'' Print NamedWCt Q J C Print Name r N Z STATE OF COUNTY OF CiaC-t r ) The foregoing Agreement was 2002, by Richard J. Nogaj, Pres i def known to me. [NOTARIAL SEAL awam a *000t*. ,, to a+ COLLIER Zr STATE OF FLORIDA) Jubilation Development Corporation: t y: Richard J. ogaj, P T�tI, CI�i before me this aff of development Corporation. He is personally Acknowledgment COUNTY MANAGER COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this day of mss 2003, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally knowlY to me. [NOTARIAL, SEAL] Lauren J. Beard Com mission9DDIS9084 ,.Expires- Oct 24 2006 ." 1AB�O Ka"?tic Bonding Co., Inc. Approved as to form and legal sufficiency: Patrick Assistant County Attorney Signature of Perso king Acknowledgment Ree mmend Approval Denton Baker, Interim Director of Financial Administration & Housing OR; 3194 PG; 0721 EXHIBIT "A" LEGAL DESCRIPTION Jubilation Development Corporation Lot 37, of the Jubilation Subdivision, according to the plat thereof, as recorded in Plat Book 37, Pages 4 through 7, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee co C® -p !Owed A. EMS Impact Fee $9 �Q B. Correctional Facili ies m act $117, C. Library Impact Fe \.✓' D. Parks Impact Fee: E, Educational Faciliti 4y tem Impact Fee 71 F. Road Impact Fee 0 r TOTAL IMPACT FEES C $ PGWForots&Agwwn1s1Aff14sgN 100% Wenal Agreewnt (08 1602 1012) 7 3-f it r ...... illew v 1L 3-f it r ...... illew v Prepared by: PaWek G, While Am% Collier Counly AiVy. 3301 Tamleml Trail Fast Neples,Fl, W1t2 Permit # 3009815 OR; 3067 PG; 2409 RICORDID in OPPICIAI RICORDS of COLLIER COUNTY, P6 07/0012002 at 11.13AN DWIGHT 1. BROCR, CARR RIC PBS 37.50 COPIRS 8.00 NISC 1.00 Retn: HOUSING I: URBAN INPROVRIIINT INTIR OPPICI ATTN: WRIN BIAP,C 'this span for r"ording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR MUL.TI•FAMILY (CONDOMINIUM) AFFORDABLE HOUSING UNITS FOR This Agreement for L•_ 2002, Florida, through its the Bo and Jubilation Developme stated as the "Parties." WHEREAS, Collier County Ordinance is entered into this x�tfay of subdivision of the State of referred to as "COUNTY," as "OWNER," collectively 2001-13, the Collier County Consolidated Impact Fee Ordinance, as it may be further amended from time to time. hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing: and WHERES, Richard J. Nogaj, as President of Jubilation Development Corporation, a non- profit Florida corporation, is the OWNER's duly authorized agent: and WHEREAS, OWNER has applied for a deferral of 1001:c of impact fees as allowed by the'linpact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Department: and OR; 3061 PG; 2410 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 deferral of impact tees as set forth in the Impact Fee Ordinance: and WHEREAS, the impact fee deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreetnents and WHEREAS, by signing this. t� Aril impact fees for OWNER ins o NFcreating WHEREAS, the Agreement with the NOW, THEREFOgp�itl consideration valuable consideration, the the Parties covenant and agree as Manager will approve a deferral of and the OWNER enter into an Recitals, and other goon and is hereby mutually acknowledged, 1. RECITALS INCORPORATED. The foregoing Recitals are hue and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling units and its site plan (the "Dwelling Units") is attached as Exhibit "A," and is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen 115) years commencing fYrnn the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing nut shall be offered for sale in accordance with the standards set firth in the Impart Fee Ordinance and this Agreement. OR; 3067 PG; 2411 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER's household earnings will not exceed a low income as defined in the Impact Fee Ordinance, and the OWNER's monthly payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance: b. Owner is a first-time home buyer: C. The Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner: d. OWNER is KdL c pj( f the Dwelling Unit, and pursuant to the Impac rdinance owes imp �U�fe s in the total amount of $28,678.56, as s t to h 14 -at ched ESchi I "B;' t co orated by reference: and C. In etu or a 'e i I % of the impact fees owed by O - co 'n nt J—qt d agrees to comply with the affo� housing impact a rrrrl"q alification criteria detailed in the Impact e dinance during th-1 riti f this Agreement. 5. SUBSEQUENT If OWNER sells the Dwelling Unit which is subject to the impact fee deferral to a subsequent purchaser, the Dwelling Unit shall he sold only to persons or households meeting the deferral qualifying criteria set forth in the Impact Fee Ordinance. [n the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. 'Fite Dwelling Unit must he utilized fol- affordable or affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement: and if the Dwelling Unit ceases to be utilized ton that purpose during I 0 OR; 3061 PG; 2412 such period, the full amount of the deferred impact lees shall he immediately repaid to the COUNTY. 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of deferred impact fees shall constitute and he a lien on the Dwelling Units in the amount of Twenty -Eight Thousand Six Hundred Seventy -Eight dollars and 56/1M (525,678.56), 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 OWN " t all of the COUNTY'S lien rights and interests arising udrJ�iif s Agreement are considered junior, interior, and subordinate to e• -h f rst tfivrt age n the wellin Ut its. Except as elsewhere noted in this Agreem nt, n re r les y ' e st re n the first mortgage or other security interest tti< . s 1 e- e he ari d paramount to the interest in the Dwelling Un any owner, lessee rrait. gagee, or other person, except that this lien shall b tU qty trC vith any lie�n� r6Cc� my taxes. 8. RELEASE OF LIEN. 1C'^hbt�6s(�tyT t txt y completion of this Agreement's requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY. record any necessary documentation evidencing such payment, including, but not limited to, a release of lien. 9. BINDING EFFECT, This Agreement shall run with the land and he binding upon the Parties to this Agreement, their heirs, successors, and assigns 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records or Collier County, Florida, within sixty 160) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall he in default of this Agreement if: 4 OR; 3061 PG; 2413 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 atter mailing of'written notice of the violation. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the qua] ificatulKc 'iia at any time violate Sty ro s o �`thir-AV fees deferr �tifi3Y�rh`e%�tt i}t 1 (30) dal j\wlval3'e'n\gt gVk1• id%of' (I) fail to comply with the said fifteen (15) year term: or (2) I the dollar amount of impact to the COUNTY within thirty b. Should tfi WNER otherwi.V�) u7ki dt of this Agreement, and the default is d wlter mailing (-)['written notice to ��,, the OWNER, h?t1.tX taring :t civil action to enforce the Agreement. c. In addition, the lien may be foreclosed• or otherwise enforced by the COUNTY, by action or suit in l my or equity including the foreclosure of it mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees. plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the Parties h:or eXecuted this Agreement on the date and year first above written. 5 Witnesses: OWNER: OR; 3067 PG; 2414 i,� Jubilation Development Corporation Print Name�S� czar! Print Name AL Ce IV0447 4 By: Richa ogaj, esid n STATE O ) COUNTY OF ) The foregoing Agreement was acknowledged before me this day of 91-, 2002, by Richard J. Nogaj , s Presid t f tF tc velopment Corporation. The are personally known to me or produced � - —(1yp *itcation) as identification. STATE OF FLORIDA) COUNTY OF COLL. The foregoing 2002, by Thomas W. me. [NOTARIAL ng Acknowledgment FLORIDA Approved as to form and e suffic' y: Patrick G. White Assistant County Attorney Signature of Person Taking Acknowledgment Rc •onunend Approval �j-- Denton Baker, Director of Finance Administration and Itousin_ Urban hnprrncman :n to OR: 3067 PG: 2415 EXHIBIT "A" LEGAL DESCRIPTION Jubilation Development Corporation BUILDING 54, TRACT "A", JUBILIATION, A SUBDIVISION IN SECTION 32, TOENSHIP 46 SOUTH, RANGE 29 EAST RECORDED IN PLAT BOOK 37, PAGES 4 THROUGH 7, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Type of Impact Fee A. EMS B. Correctional Faci ii t C. Library D. Parks E. Educational Facilit F. Road TOTAL IMPACT FEES $1,512.00 VI N of Units Amount Owed 8 $744.00 8 $943.84 8 $1,712.00 8 $6.566.72 8 $6,616.00 8 $12,096.00 $28,678.56 rm N `l *** OR: 3061 PG: 2416 *** :.aRSC•N ziD.d .1 +1 iln •3 Kt � 1 +lT1TU-MTTTTT MTFTM TT 117 ct 1...L if! I1!11 p.0eA>�� Its € CARDEN HOMES AT JUBILATION 1112110 AIN Engineering k.SurveyinE, Inc. nr. • rK,rr • nr�r". mwvw....,...i.,w. w A CONDOMINIUM E0 39V44 1S3A8VH 666VLS9TD6 zv:0z d00Z/bd/90 Prepared by: Petrick G. White Asst. Collier County AII'y. 3301 Tantlansl Trall Fast Naples, FL 34112 Permit # 3011102 OR: 3069 PG: 1015 RECORDED to OFPICIAL RECORDS of COLLIER COUNTY, FL 07/10/2002 at 07:12AN DWIGHT B. BROCK, CLERK RIC PEE 37,50 Retn: HOUSING 6 URBAN INPROVININT INTER MICE ATTN: LAUREN BEARD This space for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR MULTIFAMILY (CONDOMINIUM) AFFORDABLE HOUSING UNITS FOR This Agreement for �• ,t 200" I Florida, through its the B i and Jubilation Developme stated as the "Parties." 101 WHEREAS, Collier County h is entered into this 15 day of subdivision of the State of referred to as "COUNTY," as "OWNER," collectively 2001-13, the Collier County Consolidated Impact Fee Ordinance, as it may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHERES, Richard J. Nogaj, as President of Jubilation Development Corporation, it non- profit Florida corporation, is the OWNER's duly authorized agent; and WHEREAS, OWNER has applied for a deferral of 100% 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 Deparnnent; and OR: 3069 PG: 1016 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 l(H)% deferral of impact fees as set forth in the Impact Fee Ordinance; and WHEREAS, the impact fee deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, by signing this A�T, impact fees for OWNER in supe creating A WHEREAS, the Agreement with the NOW, THEREFO)II`�& consideration valuable consideration, the re0kt- sufficiency the Parties covenant and agree as fo 44E CIla Manager will approve a deferral of and the OWNER enter into an Recitals, and other good and hereby mutually acknowledged, 1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling units and its site plan (the "Dwelling Units") is attached as Exhibit "A," and is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (1J) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as of tin•dahlc housin_• and shall be offered for sale in accordance with the standards set forth in the lmpact Fee Ordinance and this Agreement. 2 OR; 3069 PG; 1017 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: il OWNER's household earnings will not exceed a low income as defined in the Impact Fee Ordinance, and the OWNER's monthly payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; Owner is a first-time home buyer: The Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner: OWNER is Impact as se for%h In r tur�Vf Impact owes housing impact during the Dwelling Unit, and pursuant to the in the total amount of $28,678.56, " i4,orlprated by reference: and of the impact fees owed by agrees to comply with the fication criteria detailed in the this Agreement. 5. SUBSEQUENT TRANS If OWNER sells the Dwelling Unit which is subject to the impact fee deferral to a subsequent purchaser, the Dwelling Unit shall be sold only to persons or households meeting the deferral qualifving criteria set forth in the Impact Fee Ordinance. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 i OR; 3069 PG: 1018 such period, the full amount of the deferred 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 released, the dollar amount of deferred impact fees shall constitute and he a lien on the Dwelling Units in the amount of Twenty -Eight Thousand Six Hundred Seventy -Eight dollars and 56/1(H) ($28,078.56), as set Iorth 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 OWNEg t tit it all of the COUNTY'S lien rights and interests arising up fes/ gement are considered junior, interior, and subordinate to e' t h f' . t�- a�e un-tth welli� its. Except as elsewhere noted tuori�e p in this Agreem nt, r r s o y s re n the first mortgage or other security interes ,l®tik 1 e he d paramount to the interest in the Dwelling U any owner, lesse n' t, gagee, or other person, except that this lien shall qty with any lien e my taxes. 8, RELEASE OF LIEN.\Ifs.Pa tofy completion of this Agreement's requirements, including payment of the deferred impact fees, the COUNTY shall at the expense of the COUNTY, record any necessary &w nnentation evidencing such payment, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall tun with the land and he binding upon the Parties to this Agreement, their heirs, successors, and assigns 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier Countv, 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: :l OR: 3069 PG: 1019 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 atter mailing of written notice of the violation. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWN?Qbtktllc:q Fty: (1) fail to comply with the said qualificatiocry, a at any dtlr Wig° a fifteen (15) year tern: or (2) violate : yUcv�s io oT"thTti g eemcn , lh •n the dollar amount of impact fees de err s a I I Il ER to the COUNTY within thirty (30) da 0 t"' of s• it) . b. Should h� WNER otherwis e ' • It of this Agreement, and the default is n I� within ninety(�la ; after mailing of written notice to the OWNER, t Tt ( p . bring a civil action to enforce the Agreement. c. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in law or equity including the foreclosure or it mortgage on real property. The COUNTY shall he entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. 5 Witnesses: z" Mbm ii :r Print Name F-40*6tte STATE OF%AJ4) COUNTY OF The foregoing Agreement was 2002, by Richard J. Noga' as Prest et known to me or produced STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agr 2002, by Thomas W. t me. [NOTARIAL Approved as to form and I sufficie cy: Patrick G. hite Assistant County Attorney OR: 3069 PG: 1020 OWNER: Jubilation Development Corporation $y: Richard . gaiy side t before me this lti[J"'day of "=velopment Corporation. They re personally cation) as identification. Acknowledgment , FLORIDA MANAGER was acknowledged before me this day of Awwwi nignature f he COUNTY. He is perso ally knc n to Dom tt►F No a .r.r, w+of Person Taking Acknowledgment Retmend Approval Ilon Denton Baker. Director of Finance Administration and Housing .\ Urban hnproveMent OR; 3069 PG; 1021 EXHIBIT "A" LEGAL DESCRIPTION Jubilation Development Corporation BUILDING 53, TRACT "A", JUBILIATION, A SUBDIVISION IN SECTION 32, TOENSHIP 46 SOUTH, RANGE 29 EAST RECORDED IN PLAT BOOK 37, PAGES 4 THROUGH 70 INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Type of Impact Fee A. EMS B. Correctional Fac 10 C. t Library D. Parks E. Educational Facilit F. Road TOTAL IMPACT FEES $1,512.00 7 # of Units Amount Owed 8 $744.00 8 $943.84 8 $1312.00 8 $6,566.72 8 $6,616.00 8 $12,096.00 $28,678.56 *** OR; 3069 PG; 1022 *** 011111fl!11ee1111 GARDEN HOMES A7 JU51LATION AIN Engineering & Surveying, Inc. C.9 .�. • ..a.. • n l...r r . ,l,. . mom r!!!..lr! A CONDOMINIUM rs��.�s �••.......,,.■..., co 39vd isao.6b'H 6666L99ib6 zo:oz Z00Z/bZ/90 ril Prepared by: Petrick G. White Ault. Collier County Atl'y. 3301 Tatnland Troll East Naples, FL 34112 Permit # 3011102 OR: 3069 PG: 1015 RECORDED in OPTICIAL RECORDS Of COLLIER COUNTY, PL 07/10/2002 at 07:12AN DWIGHT B. BROCB, CIRRI RBC BBB 37,50 Retn: HOUSING i URBAN INPROVENENT INTER OFFICE ATTN: LAUREN BEARD This space for r ardina AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR MULTI -FAMILY (CONDOMINIUM) AFFORDABLE HOUSING UNITS FOR This Agreement for 71�u —"o)2, Florida, through its the Bo and Jubilation Developme stated as the "Parties." M WHEREAS, Collier County is entered into this J�i day of subdivision of the State of referred to as "COUNTY," as "OWNER," collectively 2001-13, the Collier County Consolidated Impact Fee Ordinance, as it may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHERES, Richard J. Nogaj, as President of Jubilation Development Corporation, a non- profit Florida corporation, is the OWNER's duly authorized agent; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is oil file in the office of Housing and Urban Improvement Department. and OR: 3069 PG: 1016 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 1(H)<c deferral of impact fees as set forth in the Impact Fee Ordinance: and WHEREAS, the impact fee deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral: and 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 Deferral Agreements: and WHEREAS, by signing this.A2r ti impact fees for OWNER in suptt/ crf e g WHEREAS, the Agreement with the I NOW, THEREFO)1MIV consideration valuable consideration, the rec%fo sufficiency t the Parties covenant and agree t t Manager will approve a deferral of A sing, and res tha the OWNER enter into an Recitals, and other good and hereby mutually acknowledged. I. RECITALS INCORPORATED. The foregoing Recitals are trite and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling units and its site plan (the "Dwelling Units") is attached as Exhibit "A." and is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set firth in the Impact Fee Ordinance and this Agreement. OR; 3069 PG; 1017 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following; a, OWNER's household earnings will not exceed a low income as defined in the Impact Fee Ordinance, and the OWNER's monthly payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; Owner is a first-time home buyer; The Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner; OWNER is th o—Q Impa�tt�tr', Trflinance owes impa� as se ittttLach -E:xh ltWB,' In housing impact the Dwelling Unit, and pursuant to the in the total amount of $28,678.56. ted by reference; and of the impact fees owed by . agrees to comply with the fication criteria detailed in the Impact�ar inanu e dring the this Agreement. 5. SUBSEQUENT 'CRA SIf OWNER sells the Dwelling Unit which is subject to the impact fee deferral to a subsequent purchaser, the Dwelling Unit shall be sold only to persons or households meeting the deferral qualifying criteria set forth in the Impact Fee Ordinance. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full or until the 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 he utilized for that purpose during i OR; 3069 PG; 1018 such period, the full amount of the deferred 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 released, the dollar amount of deferred impact tees shall constitute and be a lien on the Dwelling Units in the amount of Twenty -Eight Thousand Six Hundred Seventy -Eight dollars and 56/1(X) (.S28.678.56). as set lirrth 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 OW� tt t�, n all of the COUNTY'S lien rights and interests arising md is Agreement re �i #i considered junior, interior, and subordinate to a hh f'istae-mth welliti its. Except as elsewhere noted in this Agreemnt, r ss o y s re n the first mortgage or other security interes � L�%� I e be t r' §^j d paramount to the interest in the Dwelling U any owner, Jesse m t, gagee, or other person, except that this lien shalll b1 Kity with any lienj,t�C my taxes. 8. RELEASE OF LIEN. --<UG, tofy completion of this Agreement's requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall tun with the land and be binding upon the Parties to this Agreement, their heirs, successors, and assigns 10, RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County. Florida, within sixty (60) daps after execution of this Agreement by the County ✓tanager. 1 I , DEFAULT. OWNER shall he in default of this Agreement if. - 4 t: 4 OR: 3069 PG: 1019 a. OWNER tails to sell the Dwelling Unit in accordance with the aftitrdahle housing standards and qualification criteria established in the Impact Pee 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. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OW NIR" Ctlle:(g7p (1) fail to comply with the said qualificatio to at any time d �tt�g° a fifteen (15) year term: or (2) violate t y v�acio Ufa `fhhit g emen , th m the dollar amount of impact fees de err s a t t II ER to the COUNTY within thirty (30) da E of s• io b. Should hC� WNER otherwis e ' It of this Agreement, and the default is n u� within ninety (9 Y�da , after mailing of written notice to the OWNER, t �(( IV3 bring a civil action to enforce the Agreement. c. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in law or equity including the foreclosure of it mortgage on real property. The COUNTY shall be entitled to recover all Pecs and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. 5 Witnesses: OR: 3069 PG: 1020 OWNER: Jubilation Development Corporation By: Richard gaj,Kcside t STATE OF, COUNTY OFP J011 I k A,—.) The foregoing Agreement was acknowledged before me this qday of 2002, by Richard J. Noga' as Presi nt b� c� �vel4opment Corporation. They re personally known to me or produced y e��ication) as identification. Re. STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agi 2002, by Thomas W. V me. [NOTARIAL Approved as to form and I sut'ti'ie Patrick G. hitt \ Assistant County Attorney Acknowledgment FLORIDA OLLIFF, MUWY MANAGER was acknowledged before me this day of n f he COUNTY. He is perso ally knc 'n to wpm Do. INW tft cc tet ignature of Person Taking Acknowledgment Re •ommend Approval T Denton Baker, Director of Finance Administration and Housing Urban Improvement , OR: 3069 PG: 1021 EXHIBIT "A" LEGAL DESCRIPTION Jubilation Development Corporation BUILDING 53, TRACT "A", JUBILIATION, A SUBDIVISION IN SECTION 32, TOENSHIP 46 SOUTH, RANGE 29 EAST RECORDED IN PLAT BOOK 37, PAGES 4 THROUGH 79 INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Type of Impact Fee A. EMS B. Correctional Fac 1� C. t Library D. Parks E. Educational Facilit F. Road TOTAL IMPACT FEES $1,512.00 ►1 # of Units Amount Owed 8 $744.00 8 $943.84 8 $1,712.00 8 $6,566.72 8 $6,616.00 8 $12,096.00 $28,678,56 *** OR; 3069 PG; 1022 *** r�iTT�nT�TFM-L UT JJI mom. GARDEN HOMES AT JU51LATION AIM Engineering ..& Surveying, Inc. .»►•...o•ro....s,m.,Xe •...... A CONDOMINIUM E0 39Vd LS3AdW 666bL59Tb6 ZD:OZ Z00Z/bZ/90 Prepared by: Patrick G. White Ault. Collier County Att'y. 3301 Tandand Trull Last Naples, FL 34112 Permit N 3011100 OR; 3069 PG; 0999 RICORDID to OPPICIAL RICORDS of COLLIER COUNTY, PI 07/10/2002 at 07:12AN DWIGHT B. BROCK, CLIRR RBC FIB 37.50 Rein; HOUSING & URBAN INPROVININT INTIK 0111CI ATTN: LAUREN BIARD This space for re rding AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR MULTIFAMILY (CONDOMINIUM) AFFORDABLE HOUSING UNITS FOR This Agreement for 2C Florida, through its the and Jubilation Develo stated as the "Parties." WHEREAS, Collier County is entered into this aa day of subdivision of the State of referred to as "COUNTY," as "OWNER." collectively 2001-13, the Collier County Consolidated Impact Fee Ordinance, as it may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHERES, Richard J. Nogaj, as President of Jubilation Development Corporation, a non- profit Florida corporation, is the OWNER's duly authorized agent: and WHEREAS. OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on rile in the office of Housing and Urban improvement Department; and OR: 3069 PG: 1000 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 I(X)% deferral of impact fees as set forth in the Impact Fee Ordinance; and WHEREAS, the impact fee deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, by signing this. impact fees for OWNER in sup®pf'cte'at�n ,creating WHEREAS, the Agreement with the NOW, THEREFOIKV,�bTtt consideration valuable consideration, the the Parties covenant and agree as folia `w-LE CTRL Manager will approve a deferral of ra and the OWNER enter into an Recitals, and other good and hereby mutually acknowledged, I. RECITALS INCORPORATED. The foregoing Recitals are trite and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling units and its site plan (the "Dwelling Units") is attached as Exhibit "A," and is incorporated by reference herein. 3. 'PERM. The term of this Agreement is for no longer than a period of fifteen (1;) years commencing from the date the certificate of Occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall retrain as affordable housing and shall be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 2 OR: 3069 PG: 1001 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER's household earnings will not exceed a low income as defined in the Impact Fee Ordinance, and the OWNER's monthly payments to purchase and pay for the Dwelling Unit will ri main within the affordable housing guidelines established in the Impact Fee Ordinance; Owner is a first-time hone buyer; The Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner; OWNER is Impact// as foh In etuthf f� 5. SUBSEQUENT owes housing impact during the Dwelling Unit, and pursuant to the in the total amount of $28,678.56, "B," illco*rated by reference, and of the impact fees owed by agrees to comply with the tication criteria detailed in the this Agreement. If OWNER sells the Dwelling Unit which is subject to the impact fee deferral to a subsequent purchaser, the Dwelling Unit shall be sold only to persons or households meeting the deferral qualifying criteria set forth in the Impact Fee Ordinance. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full or until the 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 utilimd for than purpnse during 3 OR; 3069 PG; 1002 such period, the full amount of the deferred 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 released, the dollar amount of deferred impact fees shall constitute and be a lien on the Dwelling Units in the amount of Twenty -Eight Thousand Six Hundred Seventy -Eight dollars and 56/100 ($28.678.56), as set birth 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 OWNE c "00 It n all of the COUNTY'S lien rights and interests arising uT his Agreement are c - considered junior, inferior, and .t subordinate to e h f' ag oirthu welli U its. Except as elsewhere noted in this Agreem nt, fip r r e s y s re it the first mortgage or other security interests he ri td paramount to the interest in the Dwelling Un' any owner, lesse to t, gagee, or other person, except that this lien shall b tty with any lien my taxes. 8. RELEASE OF LIEN. =In w s( a1t3gtofy completion of this Agreement's requirements, including payment of the deterred impact fees, the COUN'T'Y shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall run with the land and be binding upon the Parties to this Agreement, their heirs, successors, and assigns 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County. Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: 91 OR; 3069 PG; 1003 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 atter mailing of written notice of the violation. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OtotNefpl�irty: (1) fail to comply with the said qualificati tf( a at any time duV'r1u e fifteen (15) year term; or (2) violate by Yovaaf© ot1hils'Atg eemen , th n the dollar amount of impact fees delrres a e(pi i(h IIS ER to the COUNTY within thirty (30) da W.r filtdEiFid f s 01 b. Should WNER otherwis e ' It of this Agreement, and the default is n u� within ninety (9 1 after mailing of written notice to the R, t a civil action to enforce the OWNE1t��ClI�I`�#t ring Agreement. c. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in law or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. 5 Witnesses: • is o. O%V,W, pt2ft' Print Name&MEA6 XVM -I STATE OF ) COUNTY OF CIN 11 0 A) The foregoing Agreement was 2002, by Richard J. Nogaj'as � Pre_si•d�e known to me or produced N)k18 WN of if" 4 WCCI STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was 2002, by Thomas W. 011i� me, iMt [NOTARIAL. Approved as to form and suf ici y: Patrick G. White Assistant County Attorney OR; 3069 PG; 1004 OWNER: Jubilation Development Corporation By: Richard . ogajl�o ` �i �tfi7l a rN. low NO. arItt before me this 2ONay of k velopment Corporation. The are personally &A- fication) as identification. Acknowledgment FLORIDA NTY MANAGER p before me this � day of(,� 'LC ;gpRhe COUNTY. He is pers nally k own to of Person Taking Acknowledgment R •commend Approval ,3 Denton Baker. Director of Finanee Administration and Housing, & Urban Inrprocenleui OR: 3069 PG: 1005 U11 I rG EXHIBIT "A" LEGAL DESCRIPTION Jubilation Development Corporation BUILDING 51, TRACT "A", JUBILIATION, A SUBDIVISION IN SECTION 32, TOENSHIP 46 SOUTH, RANGE 29 EAST RECORDED IN PLAT BOOK 37, PAGES 4 THROUGH 7, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Type of Impact Fee A. EMS B. Correctional Fac 1� C. Library C D. Parks E. Educational Facilit F. Road TOTAL IMPACT FEES 7 # of Units Amount Owed 8 $744.00 8 $943.84 8 $1,712.00 8 $6,566.72 8 $6,616.00 8 $12,096.00 $28,678.56 de bj 8 *** OR: 3069 PG: 1006 *** • GARDEN HOMES AT JUOLATION AIM Engineering k..�+� •Surveyin6, Inc. m ... •..b,. ..,............ A CONDOMINIUM13 +LI"�F.,.__ "•" co 3wd 15311 W 6660Gy9Ib6 Zb:OZ Z00Zl6Z(90 "ted nye httkkG. Whitt As'1. Conkr County Att'y. 3301 Tominml Tratl Punt Naples. F1.34111 Filen 03.107 -IF 3138874 OR; 3231 PG; 2652 RICORDID in 011ICIAL RBCORDS of COLLIIR COUM, IL 03/05/2003 at 09:07AM NICK} 1. BLOCK, CLIRI ABC 111 37.50 IOU; 11MCIA1 ADIII 110118116 I"11011IC1 ATIN: LAOAII BIARDI103.23311 Ibis space ror mording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the De� fj OQ p act Fees is entered into this �1day of 2003 by d een Collier Coy litical subdivision of the State of Florida, through its the Bo d o nty-Commis* ers, h in ttcr referred to as "COUNTY," and Freeman & Freeman, Inc er a N R;' collectively stated as the "Parties." f� RECITA WHEREAS, Collier C y�Ordinance No. 2 IQ/? the Collier County Consolidated Impact Fee Ordinance, as amendelll,y 1,Tp_ t'may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing 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 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and OR: 3231 PG: 2653 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and 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 Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, valuable consideration, the the Parties covenant and I. RECITALS U1 Z�R°incorporated by q erein. 2. LEGAL DESCiRThe legal (the "Dwelling Unit") atVa y herein. Housing. of tht, %inig Recitals, and other good and jwhic ereby mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only 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 the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly VA OR: 3231 PG: 2654 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 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 $6,082.98, as set forth in attached Exhibit `B;' incorporated by reference; and e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by OW R—u no tater than the expiration of the TERM, t,�;It Cp OWNER f eowetia�t. �j es to comply with the affordable housiii }ja� efercal qualific ion riteria detailed in the Impact Fee 5. SUBSEQUENT T ANS ISE �E v If 0 NER sells the Dwelling Unit JJ �+ which is subje the impact fee a al t as quent purchaser, the Dwelling Unit shall be so to persons or s 4Q meeting the deferral qualifying criteria set forth in th [tip, t ee Ord'n � e he case of sale or transfer by gift of the Dwelling Unit, the ori shall remain liable for the impact fees deferred until said impact fees are paid in full or until 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 deferred 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 released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Six Thousand Eiehty- 3 OR: 3231 PG: 2655 Two dollars and 98/100 ($6,082.98). 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, mort parity with anrl 8. RELEASE Orequirements, the expense opayment, inclu 9. BINDING Parties to this person, except that this lien shall be on of this Agreement's fees, the COUNTY shall, at evidencing such Agreement sh%TW� dtt /the land and be binding upon the t�ei eirs . $t� annd assigns 10. RECORDING. This Agree`nt eirt sW15Crecorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or 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: 3231 PG: 2656 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 deferred 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, the gOUNTY_may bring a civil action to enforce the c. In addition, ,(iett, may be forec se or otherwise enforced by the including the foreclosure of a I be entitled to recover all fees and c �T including attorne , fees, pl 4erest at the statutory rate for iudementu culated on a Galen until paid. K OR; 3231 PG; 2657 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: Printn � '6 ��,arci M 1 01% —A V ­ STATE OF (= \ ., r-. Aa ) COUNTY OF Ckk,ee) The foregoing Agreement was 2003, by Ernest N. Freeman, Jr., as me. X n). [NOTARIAL SEAL] C", �► 114,, Lauren l Beard 1�i '! Commission ODD 159014 " Expires: Oct 24, 2006 �g" ,Bond, Allamic BondinggCCo., Im. STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: Freeman & Freem n, Inc, By: Em t N. Freeman, Ir., Pnesidcnt La .M ttren J. Beard ' 4 �CommissionODD159084 1•',F Expires- Oct R24, 2006 '•�4M1 � B011dCd•nI A11anlic Bonding Co., Inc. me this -3 0} day of f` Ll r <( C , 'reeman, Inc. He is personally kn n to FLORIDA COUNTY The foregoing Agreement was acknowledged before me this ,�� day of M) n.�. 2003, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL] Signature of Person'Ming Acknowledgment Approved as to form and loo_0'x, - V46 suffi ' ncy: Patrick G. White Assistant County Attorney Rpcommend App I Denton Baker, Director of Financial Administration & Housing 9 OR: 3231 PG: 2658 EXHIBIT "A" LEGAL DESCRIPTION 633 Clifton Road THE SOUTH 75 FEET OF THE NORTH 225 FEET OF THE EAST 'A OF THE WEST 3/2 OF THE SOUTHEAST 3/e OF THE NORTHEAST 3/ OF THE SOUTHWEST 1/ OF SECTION 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, RECORDED IN O.R. BOOK 15139 PAGE 8969 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO# 00087160002 Type of Impact Fee A. EMS Impact B. Correctional C. Library tmpa D. Parks Impact E. Educational F. Road Impact Fee $2.685.00 TOTAL IMPACT FEES $6,082.98 P(3WFama&Agreenwnts/Af isgn/100% Deferral Agreement(0816021012) 7 i 53 CL&TDN kc, *** OR: 3231 PG: 2659 *** SITE PLAN lNeb a �v r) tit s1t/� 'aYi►vr��if�r�'nCalr M�f�tl H �M� hr r;AINIMl7AaMrM[mlWlatarr i ��MY lv'aly a'!td Mi7atvM�MvtrLMNi i� � rx LOT 2$ it �1 I II it 'd arI tl it L Tc r Mwo II a it C1 srg'a"rv. Tssr I w aMMm sc«.t a artar a aR SCALE, P me naxMw � Brtr�M Mc MM• are it fm, OW as r wm MM Mies F.L.A. SMOV CW- •w rwmt aw xmmw & annu u am wnw. Mra near/ur.e nMM iu nw nn a*=s I #wMmmfosA MWS MUM Mt M+ MIM Rte) JMIO na r&1 + pr) Saar Fm Ma wr 107v= nur rwNrt 3++ 9m�