Agenda 06/25/2019 Item #16D 6 (BA/Release of Lien for Affordable Housing Density Bonus)06/25/2019
EXECUTIVE SUMMARY
Recommendation to approve and authorize a Budget Amendment in the amount of $13,750.17 and
authorize the chairman to sign one (1) release of lien for an Affordable Housing Density Bonus unit
that is no longer subject to the terms of the agreement.
OBJECTIVE: To support the affordability of housing through the Affordable Housing Density Bonus
(AHDB) Program.
CONSIDERATIONS: Pursuant to Section 2.06 et seq. of the Collier County Land Development Code
(LDC), the identified homeowner executed an AHDB Agreement lien encumbering their property in the
Bristol Pines PUD. The AHDB Program seeks to provide an incentive to construct affordable housing
units in Collier County.
The following provision applies to the subject properties if sold or assigned within fifteen (15) years after
the original purchase date:
“At a sales price in excess of five percent (5%) per year of the original purchase price of $178,990, I, my
heirs, legal representatives, successors or assigns shall pay to Collier County an amount equal to one-
half of the sales price in excess of the five percent (5%) increase per year” (emphasis added).
The following table details the release of lien associated with this Item.
Name Purchase
Date
Purchase
Price
Public
Record
Sold Date Sold Price Payoff Amount
Gregory A.
Kee, a
single man
10/18/2016 $178,990 OR 5326
PG 3017
04/26/2019 $230,000 $202,499.67
If the borrower sells the property for less than the original sales price; there is no repayment obligation to
Collier County. Since the sales price was in excess of five percent (5%) per year, Mr. Kee was required to
repay the County $13,750.17.
Type of Revenue Amount 10% Admin Program
Density Bonus Pay Off $13,750.17 $1,375.02 $12,375.16
FISCAL IMPACT: A Budget Amendment is necessary to recognize the revenue received in the amount
of $13,750.17 to the Affordable Housing Trust Fund (116), Project Number 50137.
GROWTH MANAGEMENT IMPACT: The Affordable Housing Density Bonus Program assists the
County in meeting some of its goals and objectives in the Housing Element of the Growth Management
Plan.
LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority vote
for Board of County Commissioners (Board) approval. -JAB
STAFF RECOMMENDATION: To approve and authorize a Budget Amendment in the amount of
$13,750.17 and authorize the chairman to sign one (1) release of lien for an Affordable Housing Density
Bonus unit that is no longer subject to the terms of the agreement.
16.D.5
Packet Pg. 1879
06/25/2019
Prepared By: Jason Rummer, Operations Analyst, Community and Human Services Division
ATTACHMENT(S)
1. ROL AHDB CAO STAMP KEE BCC06.25.2019 (PDF)
2. ORG LIEN AHDB KEE BCC 06.25.2019 (PDF)
16.D.5
Packet Pg. 1880
06/25/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.5
Doc ID: 9048
Item Summary: Recommendation to approve and authorize a Budget Amendment in the amount
of $13,750.17 and authorize the chairman to sign one (1) release of lien for an Affordable Housing
Density Bonus unit that is no longer subject to the terms of the agreement.
Meeting Date: 06/25/2019
Prepared by:
Title: Operations Analyst – Public Transit & Neighborhood Enhancement
Name: Jason Rummer
05/20/2019 3:44 PM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
05/20/2019 3:44 PM
Approved By:
Review:
Community & Human Services Cormac Giblin Additional Reviewer Completed 05/21/2019 10:04 AM
Community & Human Services Susan Golden Additional Reviewer Completed 05/21/2019 10:34 AM
Community & Human Services Akiko Woods Additional Reviewer Completed 06/03/2019 9:16 AM
Community & Human Services Kristi Sonntag CHS Review Completed 06/04/2019 4:45 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 06/04/2019 4:50 PM
Public Services Department Joshua Hammond Level 1 Reviewer Completed 06/05/2019 10:15 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/05/2019 11:10 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/07/2019 10:41 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/11/2019 2:15 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/12/2019 9:55 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2019 11:29 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/14/2019 8:26 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/17/2019 10:54 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM
16.D.5
Packet Pg. 1881
16.D.5.aPacket Pg. 1882Attachment: ROL AHDB CAO STAMP KEE BCC06.25.2019 (9048 : Release of Lien for Affordable Housing Density Bonus)
16.D.5.b
Packet Pg. 1883 Attachment: ORG LIEN AHDB KEE BCC 06.25.2019 (9048 : Release of Lien for Affordable Housing Density Bonus)
16.D.5.b
Packet Pg. 1884 Attachment: ORG LIEN AHDB KEE BCC 06.25.2019 (9048 : Release of Lien for Affordable Housing Density Bonus)
16.D.5.b
Packet Pg. 1885 Attachment: ORG LIEN AHDB KEE BCC 06.25.2019 (9048 : Release of Lien for Affordable Housing Density Bonus)
06/25/2019
EXECUTIVE SUMMARY
Recommendation to approve eleven (11) individual Release of Liens for a combined amount of
$78,111.41 for homes that have remained affordable for their 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. From 2000 through 2003 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. Upon sale to an income eligible homebuyer, the SHIP lien was transferred.
Section 74-401(a) (3) of the Code authorizes the County Manager to enter into an Agreement for Waiver
of Collier County Impact fees, more commonly known as a SHIP impact fee deferral agreement with the
owner or applicant. The SHIP program requires repayment by the homeowner if the property is sold,
refinanced, or no longer their primary residence. The Dwelling Unit must be utilized for affordable
housing for a 15-year period after the issuance of the certificate of occupancy.
Staff has verified that the properties were sold to qualified households and have remained affordable
during the required 15-year term of the agreements.
The following table provides details regarding liens that have met the 15-year affordable housing
obligation. As such, Releases of Liens are required.
Approval of this Item will authorize the Chairman to sign the Release of Liens, and the executed
documents shall be recorded in the Public Records of Collier County, Florida.
CO Date 15-Year
Affordability
End Date
Legal Subdivision Owner Name Impact
Fee
(OR/PG)
Amount
2/16/2000 02/16/2015 Lots 1 &
2, Block
8, Unit 1
Naples
Manor
Juana Perez
and Rafael
Morales
2552/1048 $6,779.52
7/01/2003 07/01/2018 Unit 80 Golden Gate
Estates
Daniel A.
Arias & Yalily
Fernandez
2879/1739 $3,636.62
7/07/2003 07/07/2018 Unit 77 Golden Gate
Estates
Gustavo A.
Lara & Redari
Rodriguez
2989/0730 $3,636.62
7/28/2003 07/28/2018 Lot 12
Block 10
Naples
Manor
Lakes
Lorenzo L.
Cruz
3211/2725 $11,612.98
3/18/2003 03/18/2018 Lot 4,
Block 16
Naples
Manor
Addition
Saul Castillo 3242/1782 $11,612.98
16.D.6
Packet Pg. 1886
06/25/2019
3/28/2003 03/28/2018 Lot 22,
Block 6
Naples
Manor
Lakes
Mario A. &
Ana L. Garcia
3250/3078 $11,612.98
10/31/200
2
10/31/2017 Lot 13,
Block 11
Naples
Manor
Annex
Marie Saint
Georges
3143/1538 $11,612.98
9/25/2002 09/25/2017 Known
as: 624
Clifton
Rd.
N/A Ernest N.
Freeman, Jr.
3116/2173 $5,222.98
11/13/200
2
11/13/2017 Lot 6 Jubilation Froylan
Reseniz
3027/1721 $2,424.41
2002 2017 Unit 6,
Bldg. 50
Reflectio
ns
Jubilation Debra Ann
Gadsden
3435/1927 $3,584.82
2/16/2001 02/16/2016 Lot 33,
Block F
Sable
Shores
Jill J. Weaver 2522/1266 $6,374.52
$78,111.41
FISCAL IMPACT: There is a Fiscal impact of $10.00 per release totaling $110.00 for recording the
above-referenced Release of Liens. The recording fees will be paid by SHIP Grant Fund (791), grant
number 33569.
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 eleven (11) individual Release of Liens for a combined amount of
$78,111.41 for homes that have remained affordable for their 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. 11 Individual stamped Lien Releases (PDF)
2. [LINKED] Original IFD Agreements being released (PDF)
16.D.6
Packet Pg. 1887
06/25/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.6
Doc ID: 9202
Item Summary: Recommendation to approve eleven (11) individual Release of Liens for a
combined amount of $78,111.41 for homes that have remained affordable for their 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 3:20 PM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
06/03/2019 3:20 PM
Approved By:
Review:
Community & Human Services Cormac Giblin Additional Reviewer Completed 06/03/2019 3:41 PM
Community & Human Services Leslie Davis Additional Reviewer Completed 06/03/2019 3:49 PM
Community & Human Services Kristi Sonntag CHS Review Completed 06/04/2019 3:47 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 12:30 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/07/2019 4:35 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/11/2019 10:20 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/12/2019 10:14 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2019 7:22 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/17/2019 3:58 PM
County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 06/17/2019 4:09 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM
16.D.6
Packet Pg. 1888
16.D.6.a
Packet Pg. 1889 Attachment: 11 Individual stamped Lien Releases (9202 : 11 Individual Release of Liens)
16.D.6.a
Packet Pg. 1890 Attachment: 11 Individual stamped Lien Releases (9202 : 11 Individual Release of Liens)
16.D.6.a
Packet Pg. 1891 Attachment: 11 Individual stamped Lien Releases (9202 : 11 Individual Release of Liens)
16.D.6.a
Packet Pg. 1892 Attachment: 11 Individual stamped Lien Releases (9202 : 11 Individual Release of Liens)
16.D.6.a
Packet Pg. 1893 Attachment: 11 Individual stamped Lien Releases (9202 : 11 Individual Release of Liens)
16.D.6.a
Packet Pg. 1894 Attachment: 11 Individual stamped Lien Releases (9202 : 11 Individual Release of Liens)
16.D.6.a
Packet Pg. 1895 Attachment: 11 Individual stamped Lien Releases (9202 : 11 Individual Release of Liens)
16.D.6.a
Packet Pg. 1896 Attachment: 11 Individual stamped Lien Releases (9202 : 11 Individual Release of Liens)
16.D.6.a
Packet Pg. 1897 Attachment: 11 Individual stamped Lien Releases (9202 : 11 Individual Release of Liens)
16.D.6.a
Packet Pg. 1898 Attachment: 11 Individual stamped Lien Releases (9202 : 11 Individual Release of Liens)
16.D.6.a
Packet Pg. 1899 Attachment: 11 Individual stamped Lien Releases (9202 : 11 Individual Release of Liens)
IOU: 2483731 OR; 2552 YG; 1048
CUB "M W" "COBB is tw ornclu KIWI of C011I11 Conn, It fit nl 11.11
uniollIel In n00I . 01/2111111 at 01:09AN flloff 1. 1WCf, C1111 Will I.N
UT 1111
AGREEMENT FOR 50%WAIVER/50"/o DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this -,;I "day of
1999 by and between the Hoard of County Commissioners of Collier
County, Florida, hereinafter referred to as "COUNTY" and Rafael Morales and Juana Perez,
hereinafter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County
Library System Impact Fee Ordinance; Collier County Ordinance No. 88-%, as amended, the
Collier County Parks and Recreation l ��ti+s
i �' �t
Ordinance No. 91-71, as ame 1 )1i6'Collicr Cow
Impact Fee Ordinance; Col er oittp Orlin ce
Road Impact Fee Ordin e; ern
County Educational Facilt 'rte s emn
98-69, the Regional Wate r_ -t or Sewer Systems
ammrded from time to time inafter collective
provide for waivers of impact dor--new own
affordable housing; and
Fee Ordinance; Collier County
Medical Services System
the Collier County
as amended, the Collier
County Ordinance No.
as they may be further
as "Impact Fee Ordinance",
dwelling units qualifying as
WHEREAS, OWNER has applied for a 50% waiver/501/6 deferral of impact fees as
required by the Impact Fee Ordinance, a copy of said application is on file in the office of
Housing and Urban Improvement Department; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing 50°/u
waiver/5o'/. deferral of impact fees as established in the impact Fee Ordinance; and
1
OR: 2552 PG: 1049
WHEREAS, the impact fee waiveddeferral shall be presented in lieu of payment of the
requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying
the project as eligible for an impact fee waiver/deferral and
WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER
embodied in Resolution No. 99• v�c�0 at its regular meeting of ffl4_ 1999; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORA 1
be incorporated by ref r n ereir
2. LEGAL DESC I i fit -lei
Unit"} and site �
herein. (l
3. TERM. OWNE to that the
and shall be
appendices to the
sale in
commencing from the date
recitals are true and correct and shall
unit (the "Dwelling
incorporated by reference
as affordable housing
standards set forth in the
` T a period of fifteen (15) years
occupancy is issued for the Dwelling
Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a. Owner maintains a household with a low income as defined in the
appendices to the Impact Fee Ordinance and the monthly payments to
purchase the Dwelling Unit must be within the affordable housing
guidelines established in the appendices to the Impact Fee Ordinance;
b. Owner is a first-time home buyer;
EA
r
OR: 2552 PG: 1050
C. The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unit shall remain as affbrdable 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 $6,779.52 pursuant to the Impact Fee
Ordinance. In return for the 5o°/owaiver150% deferral of the impact fees
owed by OWNER, OWNER covenants and agrees to comply with the
affordable housing impact fee waiver qualification criteria detailed in the
Impact Fee Ordi an4"rr: R CoU
5. SUBSEQUENT T . if OWN e Dwelling Unit subject to the
impact fee waivej def to -a subs uent purc er or renter, the Dwelling Unit
shall be sold o ty t h s Itin e4ryt a et forth in the impact Fee
Ordinance.
6. AFFORDABLE UIRE MENT. The ellin U� st be utilized for affordable
housing for a fift��)k) year period
issued; and if the
period, the impact fees
certificate of occupancy is
,�ijiied for that purpose during such
repaid to the COUNTY, except for
waived impact fees if the dwelling unit has been used for affordable housing for a
continuous period of fifteen years after the date the certificate of occupancy is issued.
7. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien
may he foreclosed upon in the event of non-compliance with the requirements of this
Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements
and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, and upon payment of the deferred impact
3
OR: 2552 PG: 1051
fees, the COUNTY shall, at the expense of the COUNTY, record any necessary
documentation evidencing the termination of the lien, including, but not limited to, a
release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and
assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original
OWNER shall remain liable for the impact fees waived/deferred until said impact fees
are paid in full or until the conditions set forth in the Impact Fee Ordinance are
satisfied, In addition, this Agreement shall run with the land and shall remain a lien
against the Dwelling Unit m t1*rc(D o� *Section 8 are satisfied.
10. RECORDING. Thi Ai ent shall be r by OWNER at the expense of
OWNER in the ici ords'jof-Co li Coun , F rida, within sixty (60) days
after execution ofis t an of the Board of County
Commissioners. _ � � A t r_,
11, DEFAULT, O shall be in default o7 is gr 6. t (l) where OWNER fails
to sell the Dwellin n accordance with ble housing standards and
qualification criteria es §h in th((e Im Gt dinartco and thereafter fails to
pay the impact fees within 30 TIE fsa on -compliance, or (2) where OWNER
violates one of the affordable housing qualification criteria in the Impact Fee
Ordinance for a period of thirty (30) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should
OWNER violate any provisions of this Agreement, the impact fees waived/deferred
shall be paid in full by OWNER within 30 days of said non-compliance. OWNER
agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling
Unit commencing on the effective date of this Agreement and continuing until repaid.
4
OR: 2552 PG: 1052
Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and
shall be on parity with the lien of any such County taxes. Should the OWNER be in
default of this Agreement, and the default is not cured within thirty (30) days alter
written notice to OWNER, the Board may bring civil action to enforce this
Agreement. In addition, the lien may be foreclosed or otherwise enforced by the
COUNTY by action or suit in equity as for the foreclosure of a mortgage on real
property. This remedy is cumulative with any other right or remedy available to the
COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the
Board in enforcing this
AVre ",�l
calculated on a calets$ak31� asib s until
IN WITNESS
Waiver/Deferral
•
JE 001,1
iltie r ti � ✓(i ^� J
STATE OF .L�O(1_ s7lL J
COUNTY OF
at the statutory rate for judgments
191
this Agreement for
The foregoing instrument was acknowledged before me this day of
, 1999, by Rafael Morales. He is personally known to me or produced
(type of identification) as identification.
[NOTARIAL SEAL]
ANITA w. Or. r
yM� Aly eanm Ew. s/!7/20et
I WAId 6y semw AU
Na.CC622512
�wivAn IIOAAr1A
Z"/. /,/Lv- -
Si ature of Person Taki g Acknowledgment
5
W1
PrW Name Li
r
STATE OF l /�
COUNTY OF
OR: 2552 PG: 1053
O ER: ^
6J
�Z..
J a Perez
The foregoing instrument was acknowledged before me this day of
IQ,,, 1999, by Juana Perez. She is personally known to me or produced
(type of identification) as identification.
NN�.CC622512
�
K�I IOIwtA
DATED:S't�S —`} 9
MtrWW County Attorney
W&*"WW WnnnlWPCM
COMISSIONERS
S. MAC'KIE,
OR: 2552 PG: 1059
EXHIBIT 'A'
LEGAL DISCRIPTION
RAFAEL MORALES AND JUANA PEREZ RESIDENCE
LOTS I AND 2 OF BLOCK 8, NAPLES MANOR UNIT 1, ACCORDING
TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGE 57, OF
THE PUBLIC RECORD§�Wo�GQUNTY, FLORIDA.
N
OR; 2552 PG; 1055
n
m
2845580 OR: 2879 PG: 1739
IICOIDID in MIMI, "COBS of COWIN COOI13, 11,
01(21/2001 it 03:33IN DNIM 1. IIOCI, CIIII
IIC 111 37.50
KIM
Prepared by; NOOSING i 018AN INPIO01NIIt
Patrick G. White 3050 N MISSION DA tits
Asss't Collier County Att'y. IAPLIS 11, 30100
3301 Tamiami Trail East
Naples, FL 34112
This space for recording
AGREEMENT FOR DEFERRAL OF 75% OF COLLIER COUNTY IMPACT FEES
FOR SINGLE-FAMILY AFFORDABt.E HOUSING DWELLING
+Ll
This Agreement for the Deterral e)t _7517 of Impact Fees entered into this -P day of
--,etc L'
�ppl by an tay� ` Z ezttiei L tt oliticul subdivision of the Slate of
Florida, through its the Boar of county Commissioners el Co ier County, Florida, hereinafter
referred to as "COUNTY" and unn ft s &RR - lily Fe can cv, hereinafter referred to as
"OWNER: collectively st ted s ic ell-,
U
S:
WHEREAS, Collier ty Ordinance No. I I � Collier County Consolidated
Impact Fee Ordinance, as it m 't tier umcnded i'I to time, hereinafter collectively
referred to as "Impact Fee Ordin.n1 V epto fr deferrals of impact fees for new
owner -occupied dwelling units qualifying as affordable housing; and
WHEREAS, OWNER has applied for a deferral of 7517v of impact tees 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 un affordable housing 75%
deferral of impact fees as set forth in the Impact Fee Ordinance; and
OR:
WHEREAS, the impact lee deferral shall lie presented in lieu of payment of the requisite
impact fees subject to satisfaction of till criteria in the Impact Fee Ordinance tlualifying the
project as eligible for an impact No deferral; and
WHEREAS, pursuant to Section 74-201, E. Lh. of the Impact Fee Ordinance, as codified
in the County's Code of Laws and Ordinances, the County Manuger is authorized to execute
certain Impact Fee Deferral Agreements: and
WHEREAS, by signing this Agreement, the County Manager will approve a deferral of
impact fees for OWNER in support of creating Affordable Housing, and
WHEREAS, the Impact Fcc Ordit, , requires that the OWNER enter into an
Agreement with the COUNTY. 0 Co
� �
NOW, THEREFORE illl nsideration of the fo out Recitals, and other good and
valuable consideration, the rec pt urn-- 't c''tcy of hich he -by mutually acknowledged,
the Parties covemunt and a ree s tilii s:
I. RECITALS IN a T . egoia -Ile i a, are true and correct and are
incorporated by r rf ice herein. 0
2. LEGAL D— ti ~N� he legal descrtpt' o e dwelling unit and its site plan
(the "Dwelling Unit") an ' i Lfcho Wit " "A" and incorporated by reference
herein.
3. TERM, The tern that the Dwelling Unit shall remain w affordable housing and shall
he offered for sale in accordance with the standards set forth in the Impact Fee
Ordinance is for a period of fifteen (15) years commencing from the date the
certificate of occupancy is issued for the Dwelling Unit.
4, REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants
the following:
a. Owner's household will nut exceed a moderate income as defined in the
Impact Fee Ordinance and the numthly payments to purchase and pay for
1
OR; 2879 PG; 1741
the Dwelling Unit will remain within the affordable housing guidelines
estublished in the Impact Fee Ordinance;
b. Owner is a first-thne home buyer;
C. The Dwelling Unit is and will remain the homestead of owner;
d. OWNER is the. owner of record of the Dwelling Unit and owes impact
fees in the total amount of $4,848.82 pursuant to the Impact Fee
Ordinance, as set forth in attached Exhibit B incorporated by reference.
c. In return for deferring 751k of the impact fees owed by OWNER,
OWNER further covenants and agrees to comply with the affordable
housing impact fe"o rrtnu, tication criteria Ucumeu in tnc impact ree
OrJinanceJ�n
0. —1y— t e n� twenty-five percent (_5/,•) of the
itnnuct ccs nu1� issuance of the buil ung Vrmit as stated on Exhibit "B."
5. SUBSEQUENT TR NSI'EiRF'r YME T. If W ER sells the Dwelling Unit
which is Suhje t to h ill) ac fie J t u tib agtent purchaser. the Dwelling
Unit shall be SQ, ml. to per. ns OUS n s..,e ting the deferral qualifying
criteria set forth i Iii mpact Fee Ordin, it se of stile or transfer by gift of
the Dwelling Unit, tf �i OWNERal�nmin liable for the impact fees
deferred Until said imp. ct'i'V t �c uct(it or until the conditions set forth in the
Impact Fee Ordinunce are Satisfied.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit Must be utilized for
affordable housing for it fifteen (15) year period after the date the certificate of
rxcupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose
during such periost, 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 he a lien in the amount of Three Thousand Six Hundred Thirty -Six
3
OR: 2879 PG: 1742
dollars and 62/lM (53,636.62) on the Dwelling Unit which lien may to Foreclosed
upon in the event of nun -compliance with the requirements of this Agreement.
Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree that
by, and in consideration of a security collateral being provided by the OWNER to the
COUNTY, that 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 if 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 be superior and paramount to the interest in the Dwelling Unit of any owner.
lessee, tenant, mortgagee,
any lien for County r(
8, RELEASE OF .IE
requirements, it On it
the expense of the G't
payment, inclu h
N. BINDING EFFE
r
parties to this Agree
10. RECORDING. This
satisfactory
not limited to,
tis Agreement
that this lien shall be on purity with
a
ion of this Agreement's
fees, the COUN'T'Y shall, at
evidencing such
land find be binding upon the
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.
:eager.
1I. 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 critcriu established in the Impact Fee
Ordinance, and thereafter, fails ro pay the impact fees due within thirty
(30) days of mailing of written notice of said nun -compliance, or
4
OR; 2879 PG; 1743
h. OWNER continues to violate any of the affordable housing qualific;aion
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 tiny other right or remedy
available to the COUNTY:
a. Should the OWNER of the property (a) fail to comply with the said
qualification criteria tit any time during the fifteen (I5), year term; or (b)
violate tiny 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 or written notification -of -sin klvioLuion.
h. Should the utiterwi Q% •fault of this Agreement, and the
default is of On m
ed within ninety (9U) s a' er ailing of written notice to
the 0 EVthe ( 11 9ZY ma bring a ivil action to enforce the
c. In addiriirj, 'tRt lien `nom *J,recI, �r otherwise enforced by the
COUNT f ction or suit in eel the foreclosure of a mortgage
on real pro�� 'he COUNTh� entitled to recover all fees and
costs, including atta�ts dy(n crest 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:
*rint Name
op
rint NameRGRA
OWNER; „
Danicl A. Arius
OWNER:
Yullly Few
L
OR; 2819 PG; 1144
STATE OF � O A
COUNTY
The foregoing instrument was acknowledged before me this 1k day of -Ty/
2001, by Daniel A. Arias & Yulily Fernandez. They are personally known to me oroduced
Li vile -4cs45f'ype of Iden ' ieation) as identification.
JIT "SEAL91Signature of Person Taking Acknowledgment
11 AogeC. Peres
GcANIVAm / cc 9$9158
ldphw Ma 71,2001
8ad�d SWAINkkwk ao
'Y COMISSiONERS
, FLORIDA
MANAGER
STATE OF FLORIDA) i'711
COUNTY OF COLLIER) 'L
The foregoing instrum s acknowledged be' 11 this ^ " day of
2001, by Thomas W. 011iff, Co Hager, on he a c COUNTY. Fie is pe : all own to
me or produced T�t1Z� identification) us i e titication.
[NOTARIAL SEAL] Signature of Person'T Ing Acknowledgment
Recommended for Approval
Greg Miha Director of
Housing 9 Urban Improvement
6
LAUHE:N I BI AKD
H M1 tUA1MIUp,s
701 f\�
I pn 1 VUUµ\ Ila bxy� k�u.<. a I4iWnY t.
.. .
OR: 2879 PG: 1745
EXHIBI'1''A'
LEGAL. DISCRIPTION
Daniel A. Arias & Yalily Fernandez
THE WEST 75 FEET OFTHE EAST 150 FEET OF TRAGI' 69, GOLDEN
GATE ESTATES, UNIT 80, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN PLAT BOOK 5, PAGE 18, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
IM
Type of Impact Fee
A.
e
Library Impact Fe
B.
Road Impact Fee
Cj(
C.
Parks Impact Fee
D.
EMS Impact Fee
E,
Educational Facilities yet.
F.
Correctional Facilities Im
G.
Water Impact Fee
H,
Sewer Impact Fee
TOTAL IMPACT FE F.S
EXHIBIT "B"
Impact Fee I
n/a
n/a
$4,848.82
75% DEFERRED IMPACT FEES $3,636.62
25% IMPACT FEE DUE BY OWNER $1,212.20
7
I
2939663 OR; 2989 PG; 0730
ucm 110111C11L um at Milk 0m, IL
1212112112 At 11:11AM 0#10 1, 110, CLIH
rno" b� uC III 11.51
da:
r aaG.wrw. I llm i" M IM11afm
Aro. COWc4V*,%ar• IM 11 MCI
=t Tomi T"11 B" IM: LMUI AM
Ny1r,l+1,JUif
I i--7:1 t!11AI
Thk *re for rsur,Wq
AGREEMENT FOR DEFERRAL OF 75% OF COLLIER COUNTY IMPACT FEES
FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING
This Agreement for the Du��Fees is entered into this L day of
200Vby Florida, through its the B
and Gustavo A. I= and
stated as the "Parties."
WHEREAS, Collier
Impact Fee Ordinance, as It may be
Collier County, po7'tical subdivision of the State of
°J issio ,here naft r referred to as "COUNTY,"
a $ t as "OWNER," collectively
i L.ntT ♦ i
No.2 �3; he Collier County Consolidated
t►i(fjto� time to time, hereinafter collectively
referred to as "Impact Fee Ordinance," provides for deferrels of impact fees for new
owner-occupled dwelling units qualifying as affordable housing; and
WHEREAS. OWNER has applied for a deferral of 75% 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 75%
deferral of impact fees as set forth in the Impact Fee Ordinance; and
OR: 2989 PG: 0131
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 Agreement, the County Manager will approve a 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. �R
NOW THEREFO
valuable consideration,
the Parties covenant and
1. RECITALS IN(�)P)3VORATED. The
incorporated by rd ro therein.
2. LEGAL
(the "Dwelling Unit") is
Recitals, and other good and
mutually acknowledged,
are true and correct and are
the dwelling unit and its site plan
"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 forth in the Impact Fee
Ordinance and this Agreement.
4, REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants
the following:
F1
a.
OR: 2989 PG: 0732
OWNER's household earnings will not exceed a moderate 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 the owner of record of the Dwelling Unit, and pursuant to the
Impact Fee Ordinance owes impact fees in the total amount of $4,848.82,
as set forth in
in return
of
5. SUBSEQUENT
which is subject to the
J -Ex bi "B, ' incorporated by reference; and
UN}itt 75% of the impact fees owed by
TY_dU
further covens �s d agrees to comply with the
tact fee d ferral Q all #cation criteria detailed in the
twenty-five percent (25%)
permit as stated on
REPAYME P , 1jOWNER sells the Dwelling Unit
-
AU Cc&1 ' 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 can 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
3
OR: 2989 PG: 0133
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 released, the dollar amount of deferred impact fee shall
constitute and be a lien on the Dwelling Unit in the amount of Three Thousand Six
Hundred Thirty -Six dollars and 62/100 ($3,636.62), 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 off the COUNTY'S lien rights and interests arising
under this Agreement afp o f r, inferior, and subordinate to each
first mortgage on ixlD���elll-liin-ng Unit. Except 'el where noted in this Agreement,
and regardless a an fol eI re on i t mort age r other security interest, such
lien shall oche i su n t in erest in the Dwelling Unit of
any owner, les nom, oLi' ghgjg o the cept that this lien shall be on
parity with any I r County taxes.
8. RELEASE OF Upon satisfacto �d pletion of this Agreement's
requirements, including 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 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 -
F1
OR: 2989 PG: 0734
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.
12. REMEDIES. The following remedies are cumulative with any other right or remedy
available to the COUNTY:
a. Should the OWNER
qualification 5cotc A
violateanvF/001sions of this
fees
(30)
b. Should
default is ured within nim
the OWN i
COUNTY
Agreement, c tE C
(1) fail to comply with the said
fifteen (15) year term: or (2)
the dollar amount of impact
the COUNTY within thirty
this Agreement, and the
mailing of written notice to
civil action to enforce the
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:
PrintQ�Name `�:KJ
Print Name CQ s •,,. 'Eu N,"c.
OWNER::
^1
1
Oustavo A. Lam
OWNER:
ALAIV'
Redari Rodriguez
OR; 2989 PG; 0735
STATE OF Florida. t
COUNTY OF
f,
The foregoing Agreement was acknowledged before me this & 7 day of JLw. tT��!�--.
2002, by Gustavo A. Lara and Redari Rodriguez. They are personally known to me or prodked
g p,.,,, r L _[type of identification)_"i n ification.
[NOTARIAL SEAL)
LAUREN J. BEARD
MYCOMMMM •ami
ex"a MUM
C°-
STATE OF FLORIDA)
Acknowledgment
COUNTY OF COLLIER) k
The foregoing Agreement was acknowledged before me this day of
2002, by Thomas W. 011iff, County Manager, on behalf of the COUNTY. He is personally know
me.
[NOTARIAL SEAL] Signature of h Taking Acknowledgment
*d
ved as to form and
ffi Y.
Patrick G. W ite ` e
Assistant County Attorney
1.1
Recommend Appro a
Denton Baker, Interim Director
of Housing & Urban Improvement
OR: 2989 PG: 0736
EXHIBIT "A"
LEGAL DESCRIPTION
Gustavo A. Lara and Redarl Rodriguez
THE EAST 75 FEET OF THE WEST 150 FEET TRACT 120, GOLDEN
GATE ESTATES, UNIT 77, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN PLAT BOOK 5, PAGE 15, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
Type or Impact Fee
A. EMS Impact Fee
B. Correctional Foci
C.
Library Impact
D.
Parks Impact Feer
E.
Educational Facilities x
\
F.
Road Impact Fee
0.
Water Impact Fee
H.
Sewer Impact Fee
TOTAL IMPACT FEES
44B..
pact F 5117.7 :00
IEI?� .8x5.00
n/a
n/a
75% DEFERRED IMPACT FEES $3,636.62
25% IMPACT FEE DUE BY OWNER $1,212.20
7
k
0
�
�
�
s
�
� §�|■
® /}■
�s �
b
}
�#�
C
|
#
�
2
| �
§ y
— — —��
�.
-
$ §
§ �
\ k
�|
�
3122629 OR: 3211 PG: 2725
UCt B 11011ICILL UM of CULIU MM, n
Prepared by: 12/11/201 it /1:5111 MC" I. MC[, Cum
Patrick G. Wblle W M '12.0
An't. Collier County Att'y, lits:
3301 T01111" Trail Ban IMKM ANN i 1111216
Nepim n 51112 11111111111101
IM: UVB IILU(113-2331)
File #03.101 -IF
UN apace for recording
AGREEMENT FOR WAIVER OF 100% OF
COLLIER COUNTY IMPACT FEES FOR
SINGLE-FAMILY AFFORDABLE HOUSING DWELLING
This Agreement for the Wai e�tr' .�o ilpl act Fees is entered into this �K�da of
v "V Y
2003, by een Collier Ct � stat litical subdivision of the State of
Florida, through its Board o ConyE C m ione , herein fte referred to as "COUNTY," and
Lorenzo L. Cruz, hereinaft r rd ,' 1 gvel stated as the "Parties." '
Cir LS:
b
WHEREAS, Collie my Ordinance No. 00 -1 Collier County Consolidated
Impact Fee Ordinance, as it 0 further amended f e to time, hereinafter collectively
referred to as "Impact Fee ' k� 0 waiver of impact fees for new
owner -occupied dwelling units qualifying as affordable housing; and
WHEREAS, OWNER has applied for the waiver of 100% of the impact fees otherwise
required to be paid, as allowed by the Impact Fee Ordinance, and a copy of said application is on
file in the office of Housing and Urban Improvement Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application and has found that it complies with the requirements for an affordable housing
waiver of 100% of impact fees as set forth in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
OR; 3211 PG; 2726
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 consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt d knit
the Parties covenant and agree 4@ e : a-
1. RECITALS INC R Dom. hE
incorporated b ref e
2. LEGAL DESC It NN
(the "Dwelling) is attached as
herein.
3. TERM. The terms of
years commencing from the date t
Dwelling Unit.
is hereby mutually acknowledged,
are true and correct. and are
unit and its site plan
is incorporated by reference
longer than a period of fifteen (15)
certificate of occupancy is issued for the
4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants
the following;
a. during the term of this Agreement, OWNER's household earnings will not
exceed a low income as defined in the Impact Fee Ordinance, and the
OWNER's monthly payments to purchase and pay for the Dwelling Unit
will remain within the affordable housing guidelines established in the
Impact Fee Ordinance;
b. Owner is a first-time home buyer;
2
OR: 3211 PG: 2121
C. daring the term of this Agreement, the Dwelling Unit is, and will remain,
the homestead of the OWNER or any subsequent owner;
d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the
Impact Fee Ordinance owes impact fees in the total amount of $11,612.98,
as set forth in attached Exhibit "B;' incorporated by reference; and
e. In return for the COUNTY waiving 100°% of the impact fees owed by
OWNER, OWNER further covenants and agrees to comply with the
affordable housing impact fee waiver qualification criteria detailed in the
Impact Fee Ordinance during the term of this Agreement.
5. SUBSEQUENT
OWNER sells the
subsequent purch ,
meeting the wa' et
case of any sue sa
OWNER shall met
C
term expires, or
Agreement are sat
Unit
the
conditions set
If during the term of this Agreement
to the impact fee waiver to a
only to persons or households
Fee Ordinance. In the
the succeeding qualified
until the original fifteen year
Fee Ordinance and this
is sold or transferred to another
r ��E CIRC/
qualified purchaser.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing as defined in the Impact Fee Ordinance during the tern of this
Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during
such period, the full amount of the waived impact fees shall be immediately paid to
the COUNTY, except that after fifteen (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 impact fee shall
constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six
3
OR: 3211 PG: 2128
Hundred Twelve dollars and 981100 ($11,612.98), as set forth in attached Exhibit
"B;" except that after fifteen (15) years the waived impact fees no longer are required
to be repaid. This lien may 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 sh#11-otthher isseb
the Dwelling Unit
that this lien shall oy kith any lien
8. RELEASE
requirements at thhee n of a to Of I
impact fees wit i e fifteen (15) yea
the COUNTY, any necessary
including, but not limit ,relemj
superior and paramount to the interest in
taxes.
or other person, except
of this Agreement's
prior payment of the waived
shall, at the expense of
evidencing such payment(s),
=E'
9. BINDING EFFECT. This Ag enrstt 1 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 mailing of written notice of said non-compliance, or
OR: 3211 PG: 2729
b. OWNER continues to violate any of the affordable housing qualification
criteria in the Impact Fee Ordinance for a period of fifteen (15) days after
mailing of written notice of the violation.
12. REMEDIES. The following remedies are cumulative with any other right or remedy
available to the COUNTY:
a. Should the OWNER of the property: (1) fail to comply with the said
qualification criteria at any time during the term of this Agreement; or (2)
violate any provisions of this Agreement, then the dollar amount of impact
fees waived shall be paid in full by OWNER to the COUNTY within thirty
(30) days of written cl""f said violation, except that after fifteen (15)
years the wa'��} pct fees no required to be repaid.
b, Should t e -otherwise be in efa It of this Agreement, and the
default s n tctftt\e)1 t� ttaekdof r mailing of written notice to
the OWIV41F,� tbq; (JOPIOY may�bifin� La )civil action to enforce the
c. In additidq�efthq lien may be fbii do' or otherwise enforced by the
COUNTY, b X110 �ssuit-t gOLb� uit including the foreclosure of a
y 11, ��"' Y ' g
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: 3211 PG: 2730
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date
and year first above written.
Witnesses (as to both):
Print Name -6w ed
STATE OF
COUNTY OF
The foregoing
2003, by Lorenzo L. 4
identification) as ideni
[NOTARIAL SEAL]
;,.., t�
?; Conunon 1DDI5
,,440 E100'0024,2M6
krd
77ru
4 n'Q a"" '"I Co., Ino.
OWNER is
L
Lorenzo L. C '
to ma or
0\mssZf,
i� ClR�
e
2Lt day of _,
luced of
Acknowledgment
COUNTY:
OR; 3211 PG; 2731
COLLIER COUNTY, FLORIDA
JAMES V. MUDD, COUNTY MANAGER
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this . � day of V- ,
2003, by James V. Mudd, County Manager, on behalf of the CO NTY. He is personally
me. � j�IZ CO j
[NOTARIAL SEAL] Sig Person T nowledg
Lauren J
Expire :niOND 12 %0ct2
°•' '•eExpirp•O,2 {\aam)
��kbi+ik�c AtloMi Bonding
�0
Approval Recommended Ow Approved Approved as to form and
SIE C1 legal sufficiency
I � _
Denton Baker, Director of Patrick G. White
Financial Administration & Housing Assistant County Attorney
R"#
OR; 3211 PG; 2132
EXHIBIT "A"
Lorenzo L. Cruz
LEGAL DESCRIPTION
LOT 12, BLOCK 109 NAPLES MANOR LAKES, ACCORDING TO THE PLAT OR MAP
THEREOF, RECORDED IN O.R. BOOK 2820, PAGES 2728 THROUGH 2740,
INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
EXHIBIT "B"
Type of Impact Fee ��` A ' gkv
A. Library Impact F ��� 214.
B. Road Impact Fee� (���0% 6
C. Parks Impact Fee: `� % $1
D. EMS Impact Fee 3
E. Educational Facilities Impact Fee $ .I.
F. Correctional Facilities Imp, C1 98
G. Water $2,690.00
H. Sewer $2,840.00
TOTAL IMPACT FEES WAIVED $11,612.98
91
*** OR: 3211 PG: 2733 *tt
- Cole
o t-',< 4 s r, tk ctLV
-
El F,wdtlr-',)
• 4
Preprrcd by:
Patrick G. While
An'L Collier County Alt'y.
3301 Tandang Tail Wast
Naples, PL 34111
File# 03.111 -IF
3147288 OR; 3242 PG; 1782
AICOHIA in OIIICIAL AICOUS of COLLIII COUM, It
03111/2003 at 11:42AN RIGHT 1, BIOCI, CLIAI
RIC 111 37.50
AM:
IIIANCIAL UNIN i HOUSING
117II0IIICI
ATTN: MAIN BIA01403-2338)
This spam for recording
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING
This Agreement for the De effi!, �G f t ,pact Fees is entered into this :T. day of
—►Nlra�. c L 2003 by weee-n' Collier tCColb Vtl political subdivision of the State of
Florida, through its the Boo d unty ommis, i Hers, ere after referred to as "COUNTY,"
and Saul Castillo, hereinq'fter g eco tivv ly stated as the "Parties."
WHEREAS, Coll t` aunty Ordinance - 2 114 a Collier County Consolidated
Impact Fee Ordinance, as a It by 2002-34, and tt ® be further amended from time to
time, hereinafter collectively re rrme- Ordinance," provides for deferrals of
impact fees for new owner -occupied dwelling units qualifying as affordable housing; slid
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
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
1
OR: 3242 PG: 1783
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 creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as
1. RECITALS INCORP,C4,It}K MD. The foreg4ifikRecitals are true and correct and are
incorporated by fe nc&!,Te"-"reih
2. LEGAL DESC ti th dwelling unit and its site plan
(the "Dwelling 4 ") ' a t xhibt ,' pm is incorporated by reference
herein.
3. TERM. The term this Agreement is forEcate
Eiger than a period of fifteen (15)
years commencing frCo� "telt ��c of occupancy is issued for the
�r
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
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;
01
OR: 3242 PG: 1784
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 OWNER until no later than the expiration of the TERM,
OWNER further covenants and agrees to comply with the affordable
housing impact fee deferral qualification criteria detailed in the Impact Fee
Ordinance durin e�-tteT," this Agreement.
5. SUBSEQUENT � EP�lnINr If OWNER sells the Dwelling Unit
which is subjec to t e�4mpac fee deferral to su sequent purchaser, the Dwelling
Unit shall be of nl. to o I s eeting the deferral qualifying
criteria set fo h ii h I a t ee i n t etc e of sale or transfer by gift of
the Dwelling the original OW R s all " ain liable for the impact fees
deferred until sat ,t¢rt act fees are paid n ji pt) til the conditions set forth in the
Impact Fee
6. AFFORDABLE
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
Hundred Twelve dollars and 98/100 ($11.6t2.98). 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
3
OR: 3242 PG: 1185
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, including
the expense of the C
payment, includin , bit,
9. BINDING EFF CT 11
Parties to this gre do
10. RECORDING. �ti A -
COUNTY in theF
atter execution of this
Upon satisfactory completion of this Agreement's
to, a
Records of
11. DEFAULT. OWNER shall
impact fees, the COUNTY shall, at
documentation evidencing such
land and be binding upon the
COUNTY at the expense of
Florida, within sixty (60) days
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,
12. REMEDIES. The following remedies are cumulative with any other right or remedy
available to the COUNTY;
4
OR; 3242 PG; 1786
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 COUNTY may bring a civil action to enforce the
Agreement.
a In addition, the jIem,Rta3L*, foreclosed, or otherwise enforced by the
COUNTY quity including the foreclosure of a
morteae o ropertY. The COU Y hall be entitled to recover all fees
and
IfI c '�
5
1�
at the statutory rate for
paid.
OR; 3242 PG; 1967
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Witnesses:
4�
Print Name' a_.,rea -S
Zintame_ �wE 1 {
STATE OF I` \oc.AA )
COUNTY OF Cc, l\,e r )
The foregoing Agreement
2003, by Saul Castillo. He is
of identification) as identifica)
[NOTARIAL SEAL)
Lauren J B
:4. Commission 4DD15
Ex fres: Oct 24 ,2
. %'' • • •'d!;•' p Bonded 77nu `
%P Atlnolic Bonding Co., Ino.
STATE OF FLORIDA)
OWNER:
Saul Castillo
M; Lauren J. Beard
° 9 CommissiO"DD159084
Expires: Oct 24, 2006
�•. °!^,. Athnlic�8oM� 7hro
ing Co., Inc.
before me this S�day of -'v_ '1 r.% t
Litur produced r-(,. Or,rrr� L cr s&. _ (type
FLORIDA
COUNTY MANAGER
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this k a"—day of 104 o. V"
2003, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to
me. i
[NOTARIAL SEAL] Signature of Persort4e ng Acknowledgment
Approved as to form and
1 suf 'ency,
Patrick G. White
Assistant County Attorney
R ommend,proval
v —
Denton Baker, Director of
Financial Administration & Housing
OR; 3242 PG; 1188
EXHIBIT "A"
LEGAL DESCRIPTION
Saul Castillo
LOT 4, BLOCK 16, NAPLES MANOR ADDITION, A SUBDIVISION ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGES 67 AND 68, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
EXHIBIT `B"
IMPACT FEE BREAK
Type of Impact Fee
A. EMS Impact Fee
B. Correctional Faci itieIm t
C. Library Impact 0
D. Parks Impact:r0iflit
. C
E. Educational Fi tem Impact Fee
F. Road Impact Fee
SIE CTS
G. Water
H. Sewer
TOTAL IMPACT FEES
PUWForm4RAgreemenis/Af(Hsgo/10096 fkfeffW Agreement (081602 1012)
VA
Owed
$2,690.00
$2,840.00
$11,612.98
1 �. ��. y'R�4'� .t�. 3R4 +vn+ . 1'x+7 '.
�'�� j fb� �� ya �e�d u"' Vy .. TY'.Jy fe� I��. � ,.
r 7'�S Rd' `�.8.\ifl?K t iat"� N�\, to Nib °n i tis � �..i ,y r
'� , ie.�e.�.. :�i
.' y ', ,'•
l
�'�"
�.
) 3'
"� t ii.
V
.+jam,. � t4'.f ! �
ti1�+,,.��t��, �
.�
�y
t�.
� .
.' y ', ,'•
l
�'�"
,gni
� ]�
� �
fes'
e� � 1.
yh
��� '�� .�a y hw'�
�f '�Y` '' '!,�
��, ' Y
1. .. o �
Prepared by:
Patrick G. White
Asst. Collier County Att'y.
3301 Tatnland Troll Fast
Napier, FL 3/112
File# 03.113 -IF
3153848 OR; 3250 PG; 3078
RICORDID In OFFICIAL RICORDS of COLLIER COUNTY, FL
03/2B/2003 at 09MAN DWIGHT E. BROCE, CLINK
RIC FIB 31.50
Retn,
FINANCIAL ADMIN i HOUSING
INTIROFFICB
ATTN: LAURIN BEARD(403-2338)
This space for recording
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING
This Agreement for the D�fcrr,��fmpact Fees is entered into this ai �ay of
200ydq0N=Ty_C01m1i1_%! then Collier
Florida, through its the B
and Mario A. & Ana L.@re�F1
"Parties."
WHEREAS, Collier�loukty Ordinance
Impact Fee Ordinance, as
time, hereinafter collectively referred to
subdivision of the State of
referred to as "COUNTY,"
" collectively stated as the
the 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: 3250 PG: 3079
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, THEREK
valuable consideration, the
the Parties covenant and
L RECITALS I
incorporated b
2. LEGAL DESC
(the "Dwelling
herein.
herein.
The legal
Housing.
J��,"Fq going Recitals, and other good and
of wfti h v 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; 3250 PG; 3080
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 O�� �® no later than the expiration of the TERM,
OWNER o n tif. �T es to comply with the affordable
hou' in im➢�ferral qualifica 'on iteria detailed in the Impact Fee
5. SUBSEQUEN T� SF R� RE N . " f WW ER sells the Dwelling Unit
which is subjec (�o`�jte impact fee de I to s uent purchaser, the Dwelling
Unit shall be sol to to persons or h eeting the deferral qualifying
criteria set forth in the . Ord" a case of sale or transfer by gift of
the Dwelling Unit, the origtha Eli hall 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; 3250 PG; 3081
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�f
requirements, i Elu
the expense of he
payment, includ 4,
1
9. BINDING EFFE i
Parties to this ARrei
not limned 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 Agreemerif4611-16e 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: 3250 PG: 3082
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 gOUNTYmay bring a civil action to enforce the
Agreement. �� j u�j ,
c. In additi�n, Ws lien may be forec'liksed\ or otherwise enforced by the
��i �t,�,,,, in la orAeyl
it}� including the foreclosure of a
al m e v. O shal be entitled to recover all fees
and co (ezated
uding attorney ees, plu4 rest at the statutory rate for
iud¢men son a calen y� until paid.
5
OR; 3250 PG; 3083
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Witnesses:
Print
Print N66r- • .�0
STATE OF E-1 o r I cle- )
COUNTY OF (,, I I i k L _)
The foregoing Agreement
2003, by Mario A. & Ana [r�,
('00. 4— .I(q.
[NOTARIAL SEAL]
Lauren J. Bea
:Commission MDD1590d
A'° Expires: Oct 24,200C
Bonded 7bu
Atlantic Bonding co,,tnc.
OWNER:
Mario A. Garcia
D� A ,? �'Zlr ✓..
Ana L. Garcia
me this -' 2day of W cam_,
tally known to me or have produced
, FLORIDA
MUDD, COUN'T'Y
Lauren J. Beard
STATE OF FLORIDA) "P �'`- Commission NDD1590B4
Expires: OCt24,2006
COUNTY OF COLLIER) ''?' "d�` Auantieot`Aonndingco.,Inc.
The foregoing Agreement was acknowledged before me this Wit" day of N�
2003, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to
me,
,J F
[NOTARIAL SEAL] Signature of Person -*Ring Acknowledgment
and
A roved as to f
lewe4
Patrick G. White
Assistant County Attorney
Recommend Apggval
Denton Baker, Director of
Financial Administration & Housing
OR; 3250 PG; 3084
EXHIBIT "A"
LEGAL DESCRIPTION
Mario A. & Ana L. Garcia
LOT 22, BLOCK 6,NAPLES MANOR LAKES, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 101, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
EXHIBIT `B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A.
EMS Impact Fee
B.
Correctional Facil tie(Im
C.
Library Impact F e
D.
Parks Impact Fee: ��
E.
Educational Faciliti
F.
Road Impact Fee
G.
Water
H.
Sewer
TOTAL IMPACT FEES
Owed
Impact Fee
CSR
$2,840.00
$11,612.98
PtlWFn &Ag=men1x/AM+,gn1100% Mfeml Agreement (081602 1012)
VA
OR: 3250 PG: 3085
,:5 -3S --i
t+rvc- 11, PAS
Prepared by;
Patrick G. White
Ass'A Collier County Ait'y.
3301 Tandamr Trail Ewt
Naples, P[. 34112
File # 03 -047 -IF
3011223 OR: 3143 PG: 1538
11=10 in 0111c LL (ICONS Of COLLIII CM, TL
16131/2042 at 01:S91 0I101T 1. MCI, CLIIA
RIC 111 42.00
Iltl:
1011I116 6 YUAN IUMMIT
INfli 011101
AtlN: WID RAID
This space for recording
AGREEMENT FOR WAIVER OF 100% OF
COLLIER COUNTY IMPACT FEES FOR
SINGLE-FAMILY AFFORDABLE HOUSING DWELLING
This Agreement for thj?W' of %cci )C�ba, 2002, by Collier
Florida, through its Board Co issione
Marie Saint Georges, here�af� � qj.?
WHEREAS, Collic) �1?6pnty Ordinance
Impact Fee Ordinance, as it
referred to as "Impact Fee
owner -occupied dwelling units qualifying as
Fees is entered into this, ,,'day of
F"
subdivision of the State of
referred to as "COUNTY," and
stated as the "Parties."
Collier County Consolidated
to time, hereinafter collectively
waiver of impact fees for new
housing; and
WHEREAS, OWNER has applied for the waiver of 100% of the impact fees otherwise
required to be paid, as allowed by the Impact Fee Ordinance, and a copy of said application is on
file in the office of Housing and Urban Improvement Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing
waiver of 100°% of impact fees as set forth in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
OR: 3143 PG: 1539
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 consideration of the foregoing Recitals, and other good and
valuable consideration, the receiptandtspf cipq� ,"hich is hereby mutually acknowledged,
the Parties covenant and
1. RECITALS IN OR O A rED: --The-f goin Reditals are true and correct and are
incorporated b re t c t.
2. LEGAL DES I e e escrip io o tth dwelling unit and its site plan
(the "Dwelling i ") is attached as ibit " ,' d is incorporated by reference
herein.
3. TERM. The terms ofWt4 �,i�-fef no longer than a period of fifteen (15)
years commencing from the date the certificate of occupancy is issued for the
Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants
the following:
a. during the term of this Agreement, OWNER's household earnings will not
exceed a low income as defined in the Impact Fee Ordinance, and the
OWNER's monthly payments to purchase and pay for the Dwelling Unit
will remain within the affordable housing guidelines established in the
Impact Fee Ordinance;
b. Owner is a first-time (tome buyer;
F,
OR; 3143 PG; 1540
C. during the term of this Agreement, the Dwelling Unit is, and will remain,
the homestead of the OWNER or any subsequent owner;
d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the
Impact Fee Ordinance owes impact fees in the total amount of $11,612.98,
as set forth in attached Exhibit "B," incorporated by reference; and
e. In return for the COUNTY waiving 100% of the impact fees owed by
OWNER, OWNER further covenants and agrees to comply with the
affordable housing impact fee waiver qualification criteria detailed in the
Impact Fee Ordinance during the term of this Agreement.
5. SUBSEQUENT TRANSf jj R JWA--it;MI W. If during the term of this Agreement
OWNER sells the
I itgr CJnit w 'ect to the impact fee waiver to a
subsequent purc ase e-Dw lin Unit shall s d only to persons or households
meeting the w• ive u yi t 'a -s t the Impact Fee Ordinance. In the
case of any su his e r t ns e b i t we 1�tn Unit, the succeeding qualified
OWNER shall e e liable for
the i et f es aa�f d until the original fifteen year
term expires, or tl e conditions set fort t Impact Fee Ordinance and this
Agreement are satin i. Dw�eItrbit 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
Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during
such period, the full amount of the waived impact fees shall he immediately 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 impact fee shall
constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six
3
OR; 3143 PG; 1541
Hundred Twelve dollars and 98/100 ($11,612.98), as set forth in attached Exhibit
"B," except that after fifteen (15) years the waived impact fees no longer are required
to be repaid. This lien may be foreclosed upon in the event of default under this
Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and
OWNER agree that by, and in consideration of a suitable security collateral being
provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and
interests arising under this Agreement are to be considered junior, interior, and
subordinate to each first mortgage on the Dwelling Unit, Except as elsewhere noted
in this Agreement, and regardless of any foreclosure on the first mortgage or other
security interest, such lien sh I -otherwise be superior and paramount to the interest in
the Dwelling Unit o dJ� er, es t i is mortgagee, or other person, except
that this lien shat with any lien fo Cou ty taxes.
8. RELEASE O (}fil
satisf to om letion of this Agreement's
requirements a th a of th$ t� f �A m nt, r prior payment of the waived
impact fees wi ' he fifteen (15) ye term the NTY shall, at the expense of
the COUNTY, any necessary t n evidencing such payment(s),
including, but not liret t lease
9. BINDING EFFECT. This A m2Zi hafI 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 mailing of written notice of said non-compliance, or
0
OR; 3143 PG; 1542
b. OWNER continues to violate any of the affordable housing qualification
criteria in the Impact Fee Ordinance for a period of fifteen (15) days after
mailing of written notice of the violation.
12. REMEDIES. The following remedies are cumulative with any other right or remedy
available to the COUNTY:
a. Should the OWNER of the property: (1) fail to comply with the said
qualification criteria at any time during the term of this Agreement. or (2)
violate any provisions of this Agreement, then the dollar amount of impact
fees waived shall be paid in full by OWNER to the COUNTY within thirty
(30) days of written_Wificalao4of said violation, except that after fifteen (15)
years the wa' act fps no- required to be repaid.
b. Should lie WNER otherwise be I e ult of this Agreement, and the
a
defaul is t curedilhi ninety (90) d s er mailing of written notice to
the W t C U ri g civil action to enforce the
Agree herr
c. In addi, the lien may be or otherwise enforced by the
COUNTY, or su�itt i G/�� uity including the foreclosure of a
mortgage on repIieyie 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: 3143 PG: 1543
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date
and year first above written.
Witnesses (as to both):
Print Name re4x. r r(i
� W& w
STATE OF _
COUNTY OF
The foregoing
2002, by Marie Saint 1
of identification) as id
[NOTARIAL SEAL]
LAUREN J.BEARE
MYovaj tOMMISSION I CC InJ96
I,pIV
a}NprMY FL Ndp genicet co
OWNER t:
c_
ie Saint Geor sn
CT -�
C7
this _Q�bay of ()( �t 2�..
,or produced FL. Qrb,1--,-L,._.dtype
Acknowledgment
OR; 3143 PG; 1544
COUNTY:
COLLIER COUNTY, FLORIDA
By. 1
JA V. MUDD, COUNTY MANAGER
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this 31SF day of
2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to
me. r 1 --A /i2 I
[NOTARIAL SEAL] Sigt%fd f Person -T- ing Acknowledgment
Lauren J.
-"IN" ABQndW
u ama1ng 0. �� �� �•��
�0
Approval Recommended ®t� Approved as to form and
� jv CIlegal sufficiency
I _
Denton Baker, Interim Director of Patrickd.-VUire
Housing & Urban Improvement Assistant County Attorney
OR; 3143 PG; 1545
EXHIBIT "A"
Marie Saint Georges
LEGAL DESCRIPTION
LOT 13, BLOCK 11, NAPLES MANOR ANNEX, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 110, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
EXHIBIT' B"
Type of Impact Fee (i A
A, Library Impact F' $214.
B. Road Impact Fee
C. Parks Impact Fe Ci $
D. EMS Impact Fee 9.
E. Educational FacilitiesS ttImppacct_Fee
_
F. Correctional Facilities Im � Cj�
7.98
a. Water Impact Fees $2,690.00
H. Sewer Impact Fees $2,840.00
TOTAL IMPACT FEES WAIVED $119612.98
0
0
�ydvrs
0 r
OR; 3143 PG; 1546
::tMYliiYi��
is
►ff"red ayt
htr" G. WYlte
AWL CoRkr County Aft -Y.
3301 Tnlnt Tdl Eut
Napira, 11.31112
F1W 03437 -IF
3050912 OR: 3116 PG: 2173
IICOHIO in OFFICIAL UCOH3 of COLLAR COUH, FL
0511512112 at 01;06IN Mal 1. UOC[, CLIA
UC 111 37.51
rata;
M31IG i Qum Into"""
IMI OFFICI
M11 LAOIIN elm
TNe epue Por rceoNlffia
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING
This Agreement for the
2002 by a
Florida, through its the Board)
and Ernest N. Freeman,
"Parties."
WHEREAS, Collier
Impact Fee Ordinance, as
Fees is entered into this /Rday of
subdivision of the State of
referred to as "COUNTY,"
It
collectively stated as the
Ordinance No. 774C�)Vvbe
Collier County Consolidated
i�2-34,andfurther amended from time to
time, hereinafter collectively referred to as ` lff t 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; 3116 PG; 2174
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 Deferred 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, i
valuable consideration, the ip
the Parties covenant and
1. RECITALS INC I
incorporated by e c
2. LEGAL DESCRIP
(the "Dwelling Unit")
herein.
Housing.
Recitals, and other good and
mutually acknowledged,
are true and correct and are
herein.
The legal descri&tWk,6 dwelling unit and its site plan
ted�as it� 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]
OR: 3116 PG: 2175
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 $5,222.98,
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 til no later than the expiration of the TERM,
OWNER Q r d' to comply with the affordable
housing,im g fee deferral qualificat q c 'teria detailed in the Impact Fee
5. SUBSEQUENT T� NF tR#P ER sells the Dwelling Unit
which is subject t e unpact ee de to su ent purchaser, the Dwelling
Unit shall be soli to persons or hg o eetfng the deferral qualifying
criteria set forth in the Fee OrthW� in case of sale or transfer by gift of
I=�
the Dwelling Unit, the origt -O shall remain liable for the impact fees
deferred until said impact fees are paid in fill 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 Five Thousand Two
3
OR: 3116 PG: 2116
Hundred Twenty -Two dollars and 98/100 ($5,222.981, 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 LL
requirements, inc to
the expense of e
payment, includin {
9. BINDING EFFECT
Parties to this Agre4
person, except that this lien shall be on
satisfactory
not limited to, a
k Agreement sl
of this Agreement's
the COUNTY shall, at
evidencing such
land and be binding upon the
assigns
10. RECORDING. This Agreeme'ti t -hall=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: 3116 PG: 2177
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 may bring a civil action to enforce the
Agreement.
c. In additionf'4�4'ien may be forec1,\or otherwise enforced by the
COUNT , b acebff o s i in or eq 'ty cluding the foreclosure of a
mortgag o p e s all entitled to recover all fees
and co cl g o s ees, 1 tie st at the statutory rate for
judgmen 1 ated on a calend y til paid.
0� CT�c
5
OR: 3116 PG: 2178
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
"M-744
•
111
The foregoing Agreement was
2002, by Ernest N. Freeman, Jr.,
me or produced
[NOTARIAL SEAL]
I
STATE OF FLORIDA)
BE
OWNER:
FrcematL& Free an, Inc.
Ernest N. Freeman, Jr., President
me this 1„� day of 09�44" b;�
reeman, Inc. He is personally known to
COUNTY MANAGER
COUNTY OF COLLIER}
The foregoing Agreement was acknowledged before me this 1� day of �'S�..1._ b•- ,
2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to
me.
[NOTARIAL SEAL] Signature of Persoff aking Acknowledgment
Approved as to form and
s cy. 7h.,
Patrick G. 'te
Assistant County Attorney
0 "�4p LAUREN J. BEARD
WPMY COMMISSION A cc ftf19A
EXPIRES: IWtA/m
9oo-�•NWARY rI. Nar,Su & co
Reco nmend Approval
i
Denton Baker, Interim Director
of Financial Administration & Housing
6
OR: 3116 PG: 2179
EXHIBIT "A"
LEGAL DESCRIPTION
THE SOUTH 75 FEET OF THE NORTH 525 FEET OF THE WEST Yx OF THE EAST Y,
OF THE SOUTHEAST % OF THE NORTHEAST Y. OF THE SOUTHWEST % OF
SECTION 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST, AS RECORDED IN O.R.
BOOK 1513, PAGE 9029 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
EXHIBIT "B"
Type of Impact Fee
A. EMS Impact Fee
B. Correctional Facili 'es 1
n
C. Library Impact Fee "
D. Parks Impact Fee: Y
E. Educational Facilities c
F. Road Impact Fee " 51,87
G. Water Impact Fee n/a
H. Sewer Impact Fee n/a
TOTAL IMPACT FEES $5,222.98
poffWW Apeaner&/m WvjW%neRml Apumm(a1e021011)
7
ttt OR; 3116 PG; 2180 ttt
/
sm Mt a Slrvey)
_ el4lPmmy m? m as IIG flt a�w m- -Y. name
Irr sum r!M rat i rw AMM 505I1 fur i' RE bar LP
i' Rr rat IR i nc mw mr ma i' II[ MPi[Atr Lm i'
rW moBARSr 1/I a =" A /AMMV K SWM MMM
urr, auAw Cup. nDm IIr Mr 20 rrrr ArSCM
Bor MW MOR]1f.
mrerr M CWV WM TSMCnW W AMWAr10D Cr
A[[MB
CAIm AMM' AS cot 11 1pCm" Aur i' II[ Sr 1/4 Q M
Ar 1/1 Q rw 3v 1/1 ar SAM Sant 73 %il mP 1 AMK
IRVA/J
1 r M a w
GRAPHIC SCALE
SCALER I' = 30'
a r
Or 14
N89'5671'E 16S2a'
rr�:v
pC�I�•�rJ�
•MiIAIAAAr
IN V4
( "%tea.
I ,W�
_IwRi
� -�.��
11-nHIi�.1A►
TM - wAiR sT
AwTt
19M1k wTr
A'O -lAT wt As lAr<
M •M1W MO11R
� _��m
h
M y�w1
M IQ
1 1�
I
I4�
1 1
I
ttt OR; 3116 PG; 2180 ttt
/
sm Mt a Slrvey)
_ el4lPmmy m? m as IIG flt a�w m- -Y. name
Irr sum r!M rat i rw AMM 505I1 fur i' RE bar LP
i' Rr rat IR i nc mw mr ma i' II[ MPi[Atr Lm i'
rW moBARSr 1/I a =" A /AMMV K SWM MMM
urr, auAw Cup. nDm IIr Mr 20 rrrr ArSCM
Bor MW MOR]1f.
mrerr M CWV WM TSMCnW W AMWAr10D Cr
A[[MB
CAIm AMM' AS cot 11 1pCm" Aur i' II[ Sr 1/4 Q M
Ar 1/1 Q rw 3v 1/1 ar SAM Sant 73 %il mP 1 AMK
IRVA/J
1 r M a w
GRAPHIC SCALE
SCALER I' = 30'
a r
Or 14
N89'5671'E 16S2a'
rr�:v
pC�I�•�rJ�
•MiIAIAAAr
T •AwvArl
aK
T -TY i wwwl
_IwRi
� -�.��
11-nHIi�.1A►
TM - wAiR sT
AwTt
19M1k wTr
A'O -lAT wt As lAr<
M •M1W MO11R
� _��m
r •Mr
T .I/II iMAf
M y�w1
M IQ
T •TAIL
;J;
b,NLOr 2
am,
Lor BowAwr i sm BFDmmim r9wr ww wr swvrr
By ABS rim AW Cr Alt BN"l067. 8/02
Be !i✓If N ! rett" BIC
>K AAAIiruAAAT aaAAnaasflw Algl awn 1 wa AIW1A m1e Mm oarAWld
YKi Mi _ F.L.A. SURYM CORP. Twsi
BBma9M "a Bwlrnm • W!?aP•7f ow
asm, mmiw1,1, N r. $mw M pi 191 YAK& MA Wit I ON A VSODMft Coir
immamos11t/1111 MTF; now" AirumnoAmmm? AAAtrrm
Mq 9rAAM M 90 -MM Mq V# -91B M MT V$ 2N—IQ
2913658 OR; 3021 PG;
RICORDID IR 0111CIAL AICORDS of COLVIN COUNTY, TL
0400/2002 it 01:4IAN DIIGHT I. BROCI, CAR1
Prewrrd by RBC 111 42,00
While Kew
An'1. Collier County MI'y�
Patrick G. HOUSING i URBAN INPROVIN/NT
r'
3381TamlmWTrull YAW INTIK OTTICI
Noplr.FL34132 ATTR; LAURIN SIARD
F11002 -133 -IF
This nwrr for m%rding
AGREEMENT FOR WAIVER OF 50% AND DEFERRAL OF 50% OF
COLLIER COUNTY IMPACT FEES FOR
SINGLE-FAMILY AFFORDABLE HOUSING DWELLING
This Agreement for Wuiver� '%M
al of 50% of Impact Fees is entered
into this oZ day of 2002 kween Collier County, u political
subdivision of the State of
referred to as "COUNTY/,"
collectively stated as the " urti
WHEREAS, Collier
Impact Fee Ordinance, us it
its Board
Ordinance No.
E-(
Commissioners, hereinafter
referred to it,; "OWNER,"
Collier County Consolidated
to time, hereinafter collectively
referred to as "Impact Fee Ordinance:",�p �iUte tbF`w-uiwer 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 afforduble housing
waiver of 50% and deferral of 50% of impact tees its set forth in the Impact Fee Ordinance; and
OR: 3027 PG: 1722
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 us eligible for un 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 u 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 un
Agreement with the COUNTY.
NOW, THEREFOR ,
valuable consideration, the rec
the Parties covenant and a ree s
1. RECITALS IN
incorporated by i
2. LEGAL DESCRI
(the "Dwelling Unit")
herein.
of the. forfgoiltg Recitals, and other good and
ichl's h4eby mutually acknowledged.
are true and correct and are
herein.
The legal descriptive dwelling unit and its site plan
ti
4,tti >;e q4r ihitand 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.
2
0
OR; 3027 PG; 1723
4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants
the following:
u.
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 tint -time home buyer;
The Dwelling Unit is, and will remain, the homestead of the OWNER or
any subsequent owner;
OWNER is the
Impact Fee �r�d
as set f rt�i' ulul
In ret m or tt%
5. SUBSEQUENT
which is subject to the
of the Dwelling Unit, and pursuant to the
in the total amount of 54,848.82,
Exhibit "B."14cor$grated by reference; and
deferring 50% of the impact
and agrees to comply
and deferral qualification
in the Impact
REPAYMEVeferffral
WNER sells the Dwelling Unit
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 deterred 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 purchuser.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing as defined in the Impact Fee Ordinance during the term of this
K
OR: 3021 FG: 1124
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 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 bee re id. Thi ren may be foreclosed upon in the event of
default under this A ro"61,Ptwidee c ; the OWNER is the mortgagor, the
COUNTY and N vR agree that by, and i co -ideration of u suitable security
collateral bein pr
ed
O R to the COUNTY, then all of the
COUNTY'S I en ig is n r rt s i. in u der this Agreement are to be
considered jun n r, iltr u r irate c I st mortgage on the Dwelling
Unit. Except as here noted in this e e�t�' d regardless of any foreclosure
on the first mortga ter uince e •tl�s lien shall otherwise be superior
and pararnount to the in apnZ�i L t ng 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 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,
n
u
OR; 3027 PG; 1725
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;
U. 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 w
b. OWNER cont l e§;�id�
yr
criteria 'nth mpact Fee
maili g o w 't�ft I e
12. REMEDIES. he- I e i
available to the GQ ..Y�
a. Should
quail
violate any
of the
at any time
notice of said non-compliance, or
the affordable housing qualification
of fifteen (15) days atter
any other right or remedy
to comply with the said
of this Agreement; or (2)
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 (%) days after mailing of written notice to
the OWNER, the COUNTY may bring a civil action to enforce the
Agreement.
5
OR; 3027 PG; 1726
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 it 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 Name
STATE OF FLORIDA)
COUNTY OF COLLIER)
OWNER 1:
2:
The foregoing Agreement was acknowledged before me this Z! -r-' y of
2002, by Froylan Resendiz. They are personally known to me or produced
of identification) as identification. *1
A ft t 1� C k-�
[NOTARIAL. SEAL] Signature of Person Taking Acknowledgment
MAKM 091AI r►
a Mrcaew Ew IA W
cc "SM
wr. t iarlta
COUNTY: UI U' k
2
OR; 3021 PG; 1121
COLLIER COUNTY, FLORIDA
By:
THOMAS W. OLLIFF, C Y MANAGER
STATE OF FLORIDA)
COUNTY OF COLLIER) I
The foregoing Agreement was acknowledged before me this day of 6''✓sC� /
2002, by Thomas W. 011iff, County Manager, on behalf of the COUNTY. He i.s pe nully known to
is
[NOTARIAL SEAL] Signature of 7
on Taking Acknowledgment
'�Qaxm # ccvx
ex M- 2xxW
Approved as to for
Patrick G. White n s I - icer, Interim Director of
Assistant County Atton\\ C ��dyIt. t Urban Improvement
OR: 3021 PG: 1128
EXHIBIT "A"
LEGAL DESCRIPTION
Froylan Resendlz
LOT 6, OF THE JUBILATION SUBDIVISION ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 37, PACES 4 THROUGH 7, 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 Facilit
F.
Correctional Facilitic
TOTAL IMPACT F
EXHIBIT "B"
IMPACT FEE BREAKDOWN
em Impact Fee J,
i Fee
?¢IE CIS'
50% DEFERRED IMPACT FEES
50% WAIVED IMPACT FEES
91
Owed
$2
$2,424.41
$2,424.41
' • *** OR. 3027 PG. 1729 ***
e
~ '' A, 12,1„'
INS
.µ U', uh' n> r
lk
,Z It
I'# : %*3, %'N rt 4
I Mall
vq
.. PI Ar 1414 ✓'P.-�..`� !'ia�`� 'A
X ON
46 40
Zil -147
� 1'a
iom1.9 4,4+w l
R�SE(�DIZ� �RoYLRrJ 1
�N61LR►T#on1
dtJA-Y
3289123 OR: 3435 PG: 1927
HCOUID is ONNICIBL 00003 of COLIIBI CODRN, IL
11/03/2003 at 10:3288 ORIGIN 1. BOC[, CUB
Prepared by. He HI 33.00
Patrick G. White lata'
Asst. Cower county Att'y. NIILICIR ADEN i IODBIIG
3301 Tamiemi Trail East Ifflia"I13
Napier, FL 34112 AM: UMI BILID(403-2338)
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 �'1' "U pact Fees is entered into this3�L day of
Oc,- 6 en- 2003 by ag en Collier o tg� pa Qolitical subdivision of the State of
Florida, through its the Boar of
and Debra A. Gadsden, her ina tpr�
WHEREAS, Collie p my
Impact Fee Ordinance, as amEI4c
time, hereinafter collectively re rQ
impact fees for new owner -occupied
Ordinance
2002-34,
referred to as "COUNTY,"
stated as the "Parties."
Collier County Consolidated
further amended from time to
" provides for deferrals of
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
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
I
OR: 3435 PG: 1928
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 creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as
1. RECITALS INCORP,ORj IOD The
incorporated by
2. LEGAL DESCI
(the "Dwelling
herein.
3. TERM. The to %�h
ment is
years conunencing ftithe
are trueand correct and are
the dwelling unit and its site plan
14ndl is incorporated by reference
than a period of fifteen (15)
of occupancy is issued for the
Dwelling Unit. During this term=tilt= ")welling 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
payments to purchase and pay for the Dwelling Unit will remain within
the affordable housing guidelines established in the Impact Fee Ordinance;
b. Owner is a first-time home buyer;
2
OR: 3435 PG: 1929
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 3,584.82, 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 OWNER until no later than the expiration of the TERM,
OWNER further covenants and agrees to comply with the affordable
housing impact fee deferral qualification criteria detailed in the Impact Fee
Ordinance during the f this Agreement.
5. SUBSEQUENT TR 1R�PC If OWNER sells the Dwelling Unit
which is subject t tt mpact fee deferral to �su equent purchaser, the Dwelling
Unit shall be s Id my toV qrs n or h usehol s eeting the deferral qualifying
criteria set fort in a mp ct Fe di th ca a of sale or transfer by gift of
the Dwelling i t ongr O R n liable for the impact fees
deferred until sai act fees are paid 1�r® I the conditions set forth in the
Impact Fee Ordinanc s Agreement t' red.
6. AFFORDABLE REQU �I 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 Three Thousand Five
Hundred Eighty -Four dollars and 82/100 ($3,584.82), 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
3
OR: 3435 PG; 1930
by, and in consideration of a suitable security collateral being provided by the
OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising
under this Agreement are to be considered junior, inferior, and subordinate to each
first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement,
and regardless of any foreclosure on the first mortgage or other security interest, such
lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of
any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on
parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including paymt5 t e
the expense of the CQ® 14,R .d c
payment, including, bb of limited to, a
Parties to this
10. RECORDING.
COUNTY in the'Of ih)al Records of
after execution of thi3.Q' kerQent by the
11. DEFAULT. OWNER
deferred impact fees, the COUNTY shall, at
documentation evidencing such
run wi�h tHp land and be binding upon the
COUNTY at the expense of
Agreement if:
within sixty (60) days
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.
12. REMEDIES. The following remedies are cumulative with any other right or remedy
available to the COUNTY:
C!
OR: 3435 PG: 1931
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 may bring a civil action to enforce the
Agreement.
c. In addition, the lien alb foreclosed, or otherwise enforced by the
COUNTY, b i n "m'�n 1� quity including the foreclosure of a
mortgage pro erty. The COU Y all be entitled to recover all fees
and cos , i clueing tt m ys fe s, plu in rest at the statutory rate for
judgme is c la d pn� e y s u til paid.
CIRt
5
OR: 3435 PG: 1932
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
STATE OF
COUNTY OF Lo'% 14411 )
The foregoing Agreement
2003, by Debra A. Gadsden.
of identification) as identificati
! :•
/ �,
.Iu
arK
me this ct day of/�f . ,
, ne or produced0/1aVMrLince. (type
, FLORIDA
STATE OF FLORIDA) MrP"•, Lauren J. Beard
;i?`""�': Commission #DDI59084
COUNTY OF COLLIER) ?'mac Expi�BonOect� 2006
�o �.
AtlaBondi o., c
The foregoing Agreement was ac %iiow49cge� before me this ',�i�. day of 0, C. ,
2003, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to
me.
[NOTARIAL SEAL] Signature of Per n Taking Acknowledgment
Approved as to form and
lqegfl�suffici
n
N
Patrick G. White
Assistant County Attorney
Ree mmend Approval
Denton Baker, Director of
Financial Administration & Housing
*** OR: 3435 PG: 1933 ***
EXHIBIT "A"
LEGAL DESCRIPTION
Debra A. Gadsden
UNIT 6, BUILDING 50, REFLECTIONS AT JUBILATION, A CONDOMINIUM,
ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN O.R.
BOOK 3096, PAGES 1624 THROUGH 1740, INCLUSIVE, AND AS AMENDED,
ACCORDING TO THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Type of Impact Fee
A. EMS Impact
B. Correctional
C. Library Impa
D. Parks Impact
E. Educational ]
F.
Road Impacl
TOTAL IMPACT FEES
EXHIBIT °B"
$3,584.82
PGWForms&Ag=ments/Aff 4sgn/100'% Defenal Agreement (081602 1012)
7
Rets: 2446399 OR; 2522 PG; 1266
CLUB TO THI BOARD RICORDID i0 the OIIICIAL RICORDB Of COLLIIR COUITT, IL RIC 111 33,00
IRTIROIIICI 47H ILOOR 0311111999 at 09:93AH DRIOHT 1, BROCI, CLI11 COI21B 1,00
IIT 7240
AGREEMEN'f FOR WAIVER OF 100% OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this 't: day of
1999 by and between the Board of fount\ COnunissioners tit' Collier
County, Florida, hereinafter refenal to as "COUN'I'1"' and Jill ,1, Weac er, hereinafter retched to
as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 88.97, as amended, the Collier Count\
Library System Impact Fce Ordinance; ('oilier County Ordinance No. 88-96, as auuendc.l, the
Collier County Parks and Recreational Facilities impact Fcc Ordinance; Collier C'Ouuty
Ordinance No. 91-71, as an
Impact Fee Ordinance; Coll
Road hnpact Fec Ordinanc
County Educational Faciliti
69, Regional Water audio i
amended from time to time
Ordinance No.
natter
Medical Ser\ ices System
amended, the Collier ('ouut�
as aunended, the Collier
County Ordinance No, 98 -
as thev may be linther
"Impact Fce Ordinance",
provide for waivers of impac�rGi} tixIle%\ LM 11121 V
ytjiti dt\ellinf; tants yualifyiug as
affordable housing; and /
WHEREAS, OWNER has applied for it waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application is on lite in the office of (lousing and Crban
Improvement Depatlment; and
WHEREAS, the County Administrator or his designee has rcvie\\ed the OWNFR'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
OR; 2522 PG; 1267
WHEREAS, the COUNTY approved it waiver of impact fees for OWNER embodied in
Resolution No. 99-A100 at its regular meeting of 1909; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration ot'the lbiegoing recitals, the parties corenant and
agree as follows:
1. RECITALS INCORPORA'T'ED. The foregoing recitals are true and correct and shall
be incorporated by retcrence herein.
3. LEGAL DESCRIPTION. ']'he legal description of' tile dwelling unit (the "D\\clung
Unit") and site plan is at it n d, "A" and incorporated by retcrence
herein. ®
3. 'PERM. OWNER agr "sWnat� l c \%171litrr ;nit sit, 11 rc nain as aft6idable housing
and shall be of red o (A0,'n a u nr • w t t c tandards set torth in the
appendices to t j e nip'cc f it tri d of fifteen (1?) years
commencing from �I date the certificate oc Itp'tzcy is issued for the Dwelling
Unit. ( ���
4. REPRESENTATIONS® ^" NER represents and warrants the
following:
a. Owner maintains a household with a low income as defined in the
appendices to the Impact Fee Ordinance and the nlonthlp payments to
purchase the Dwelling Unit must be within tine affordable housing
guidelines established in the appendices to the Impact Fee Ordinance;
b. Owner is a first-time home buyer;
C. The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unit shall remain as affordable housing for liflecn (1 j) years
from the date the certificate of occupancy is issued fir the Dwelling Unit;
and
OR: 2522 PG: 1268
e. OWNER is the owner of record of the Duelling Unit and owes impact
fees in the total amount of S0,374.53 pursuant to the hnpact Fee
Ordinance. In return for the waiver ol'the impact fees oucd by OWNER,
OWNER covenants and agrees to Comply with the atlordablc housinc,
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. U' OWNER sells the Dkcclhug Unit subject to the
impact fee waiver to a subsequent purchaser or renter, the Du ellin;, Unit shall be sold
only to households meeting the criteri-Lset lurili ill the Impact Fee Ordinance.
G. AFFORDABLE REQ111j E is `nit must he utili/W fur afl'otdable
housing for a fifteet (fax year period after theZlfte c certificate of Occupancy is
issued; and il' the w fin 111 V9 es to b utilil d ii r (hilt purltuse during such
period, the impa t f I�IN 'it to rr d to he COUNTY, except for
waived impact f ii vc t t s bets. se ill affordable housing- for a
continuous period - een years atter the d - ill ' c iii, ate ofoccupanc}is issued.
7. LIEN. The waived it �, ' 'ccs shall be a lien Ot� e property which lien may he
foreclosed upon in the 3tt t 1ri1`1� �icc "'iib the requirements of this
Agreement.
8, RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements
and fitteen (15) years ailer the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the termination of the
lien, including, but not limited to, a release kit' lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and
assigns. In the case of sale or transfer by gill of the Duelling Unit, the original
OWNER shall remain liable for the impact fees "aived: deferred until said impact fees
OR: 2522 PG: 1269
are paid in full or until the conditions set forth in the Impact Fee Ordinance are
satisfied. hu addition, this Agreement shall rum kith the laud and shall remain it lieu
against the Drivelling Unit until the provisions of section ti arc satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER al the expense of
OWNER in the Official Records of Collier County, Florida, within Sixty (0o) days
after execution of this Agreement by the Chairman of tha Board Of county
Commissioners.
11. DEFAULT. OWNER shall be in default ofthis Agreement (I ) where OWNER tails
to sell the [)\veiling Unit in
qualification criteria est ab(1
pay the impact fees w ituj
violates one of the trio dad
Ordinance for up riot of'(
12. REMEDIES. Shu Jac
qualification
OWNER violate ally
shall be paid in full by
days ol'said
any time du
of this
the affordable housing standards and
Ice and thereafter fails n)
, or ('_) where OWNER
in the impart Fee
violation.
kr comply with the said
j) year period or should
impart ices tvaiveddetcrred
said non-ronnplianre. OWNER
agrees that the impact fees waived shall conslitate a lien on the Daelliug Unit
commencing on the effective date of this Agrouneut and continuing until repaid.
Such lien shall be superior and paramount to the interest in the Duelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien tier County taxes and
shall be on parity with the lien of any such County tuxes. Should the OWNER be in
default of this Agreement, and the default is not cured within thirty (10) days alter
written notice to OWNER, the Board may bring civil action to enforce this
Agreement. In addition, the lien may be Iixeclosed or otherwise cntorml by the
COUNTY by action or shit in equity as tier the foreclosure of a mortgage on real
property. This remedy is cumulative with any other right or remedy a\ itilable to the
OR: 2522 PG: 1210
COUNT)'. The Board shall he entitled to recover all attorney's lees, incurred by the
Board in enforcing this Agreement, plus interest at the statutory rate fur judgments
calculated on a calendar day basis until paid.
IN WITNESS WHERf.OF, the parties have executed this Agreement for Waiver of
Impact Fees on the date and year first above written,
Witnesses: (2)
Print Name_ G ; _ 4'1,4 c.
rintName__
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing instrument w
1999, by Jill J. Weaver. She
(byp"f-tdentiftcation) as id
[NOTARIAL SEAL] yyr
acv,.uo"
DATED: MAK 0 9 1999
ATTEST:
DWIGHT E. BROCK, Clerk
Attixt u .to Chairman's
signature only,
Approved as to fomt and
legal sufficiency
t _
Heidi F. Ashton-; T�
Assistant County Attorney
OWNER
Jill J cer
Ackno%%Ic ment
BOARD OF COUNTY COMISSiONERS
COLLIER COUNTY, FLORIDA
By;
1AMEL.A S. MAC'KIE, CHAIRWOMAN
jd/GagreemenL wcm cr
EXHIBIT "A"
LEGAL DESCRIPTION
OR; 2522 PG; 1271
LOT 33, BLOCK F. SABLE SHORES SUBDIVISION, ACCORDING
TO THE PLAT RECORDED 1N PLA "[BOOK 4, PAGE 41), OF THE:
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
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