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Resolution 1998-336 thru 338RESOI.tITION NO. 9g- 336__ RI:SOI.UTI()N OF 'FILE BOARI) OF COUNTY COMMISSIONERS, ('OLI.IER COUNTY. FI.ORII)A. AUTIIORIZING WAIVER OF REGIONAL WATER SY.~TEM IMPACT FF, ES. REGIONAl° SEWF, R SYSTEM IMPACT FEES. I.IBRARY SYSTEM IMPACT I:EES. PARKS AND RECREATIONAl. I:ACII.FFIfiS IMI'A('T FI:,F.S. ROAI) IMPACT I:EIiS. EMF. RGF. NCY MF. DICAI~ SF, R\'I('ES IMI'A('T ,:liES AND EDU('ATIONAI. FACII~ITIES SYSTEM IMI':\~"I I:likS I.OR t)Nli IIOI;SI,i TO BE ('ONS'IRUC'I Iii) BY IMM()KALliI.~ tlABITAT FOR IIUMANITY. IN('.. ON i.OT 7. BI.O('K 6. NAPLES MANOR IiXTENSION. NAI'loliS. FL(~RII)A. \VI IF. RF. AS. Collier ('ounty has recognized and attempted to address the lack of adequme anti afl'ordablc housing for moderate. Imv. and ve~'-Inw income households in lhe County and the need for creative and innovative programs m assist ~n Iht provisi{m of such housing by including several provisions in thc Collier County ¢;rm~;h Man:~',2'cn~cnl I'l:m. mclmhn~: .hjcctivc I...1. p~}hcy 1.4.1; ~hjcctivc 1.5. imlicy 1.5.2, I'mlicy 1.5.3, policy 1.5.,!.. p{~licy 1.5.5. policy 1.5,6: ob.icctlvc 1.6. policy 1.6.3: objective 2. I. policy 2.1. I. policy 2.1.2. policy 2.1.3. policy 2, 1,5. and pohcy 2.1.6 of thc I lousing Element; and \VtlIiRi'.,,\S. ('.lhcr ('(runty has received funding pursuant to the Slale Ilousmg Initiatives Partnership Program set fimh m Sccmm 420.907 el. seq.. Florida Statutes and Chapter 91-37. Florida Administrative Code: and WIII;R[:.:\S, in accordance with ('(,llier County Ordinance No. 93-19, the ('ounty is authorized to use funding I'mm thc State I lousing Inmativcs l'artncrship IStlIP] Program for waivers of ('oilier Cot.nty impact fccs: and WttF, RF,:\S. Immokalec Ilabitat for llumam~y. Inc. is seeking a wmver of impact I'ccs: and WItF, RF, AS. hnmokalec tlabitat liar llumanity. Inc. will construct one (1) three-bedroom unit (thc "Dwelling Unit") on I,ot 7. Block 6, Naples Manor Extension which is proposed to sell for Forty-Six 'lhousand F~vc Hundred Dollars 15,46,500.001: ami WItI-~R[:,,,\S. thc [)~vclling IInit will be purchased by a very low ~ncomc household which is required to revest a mmmmm of five hundred (500) hours of"Sweat Equity" before it ohlains title to Iht house; anti Wi lF, Rt::\,q, Mr. ('harlcs ('. Smith. Vice Presidcn! of h'nmokalee I labitat for I lumanity, Inc., submitted to thc Ol'ficc ~1' flousmg and Urban Improvcmcnl an Affordable Ilousing Application dated July I1. 19{18 for a waiver o1' impac! lc'es fi~r the construction of a house on Lot 7. Block 6. Naples Manor F, xtention, a copy o1' said application ~s on file in thc llousing and Urban Improvement Department: and WIIERI-~AS, m accordance wilh Section 3,04 of the Regional Water System Impact Fee ¢)rdinancc. Ordinance N,. 9¢)-86. as amended; Scclion 3.(14 o1' the Regional Sewer System Impact Fee Ordinance . ()rdinancc N,. 90-87, :is amended: Section 3.04 of thc Library System Impact Fcc Ordinance, Ordinance No. 88-{)7. as amended: Section 4.05 of thc Parks and Recreational Facilities Impacl Fcc Ordinance. Ordinance No. S8-96. as amended: Section 3.04 o1' thc Road Impact Fee Ordinance. Ordinance No. 92.22, as amended; Section 3.05 of thc I!mergcncy Medical Services System Impact Fee Ordinance. Ordinance No. ~!-71. as amemled; and - 1 - A. B. (. Section 3.O5 oF the I:.ducatlonal Facdities System Impact Fee (')rdinancc. Ordinance No. 92-33. as amended; an applicam may ()blain a waiver of impact I~'cs hy qualifying l~)r a waiver: and WI IIeRIYkS. lmmokalce I labnat f()r I lumanity. Inc. has qualified fi)r an impact tko waiver based u~m thc fi)lh)x~ mg rcprc~cntatmns made by Immokalce Habitat for Itumanity. Inc.: A. Thc Dwelling Unit s~311 ~ sold to a flint-time home buyer. Thc l)x~clhng [~ml shall bc s~ltt It} a household wilh a vc~' Iow ~ncomc level as lhal Icrm ~s tlcl~ncd in Ibc Appendices to Iht respective hnpact Fcc Ordinances and thc monthly payment purchase thc uml must bc wilhin the afl~rdable housing guidelines established in Iht Appendices ltl IbC respective Impact Fcc f)rthnanccs. ('. 'I he I)wclhng t~ni~ shall bc the l lomeslcad of thc owner. I). Thc l)x~clling Unit shall remain aflBrdable for fifteen 115} years I~om the date Ihe certificate of occupancy ~s issued. NOW TIII(RI~FORE. BE FI' RI(SOI.VED BY '['111'~ BOARD OF Cf)UN'I'Y COMMISSIONERS OF COI.I.It(R ~ '()1 ;N'I'Y. FI.()RII)A. Iha~: I. '1 hc Board ~f ('ounly Commtssmncrs hcrcbS aulhoriycs Ihe {'ounty Admlmstrator to issue an Authtmzatmn IBr waiver of ~mpact rccs to Immokalee Ilabilat IBr Ilumanily. Inc. fi,r one (I) i~,,usc x~htch shall be construcled on I.ot 7. Block 6. Naples Manor Extension. Collier County. Flonda. 2. Upon reccip~ by thc Ilousmg and Urban Improvement Dlrcclor of an agreement fi>r waiver of m~pact l~cs signed by Imm{,kalee I labllat for l lumanity. Inc.. and/or Ibc purchaser, or olher doctlgWlllatiOll acccplablc to Ibc ('tmnty Attorney. Ibc Board of County Commissioners hereby auth,mycs thc paymcnl by ('~flhcr County of thc follo~mg ~mpact I~cs from thc Allbrdablc I lousing Trust Fund. Fund 1191). in thc IoIlowmg amounts tbr lhc one {I) house to be built on l.ot 7. Block 6. Naples Ma~or Extension by Immokalee llabital for llumanily, Inc.: l.ibra~ Impacl Fcc $ 180.52 Road Impact Fcc 1.379.00 ti. I'arks and R¢crc:nional Facilities Impact Fcc: (1) ('omnmmty Parks (2) Regional Parks EMS Impact Fcc l~ducalional I:acflmcs System Impact Fcc Walcr Impact Fcc Sewer Impacl Fcc TOTAl, i.Mi'A("I' FEES 399.00 179.00 14.00 1.778.f)f) 900.OO $1.340.0t} S6,169,52 - 2 - Thc payment oF ~mpact £ccs by Collier County is subject to thc execution and recordation of an agreement for wmvcr of C'olltcr County Impact Fccs between Ibc property owner and/or purchaser and thc County. This Resolution adopted after motion, second and majority vote favoring same. A'I'FEST: DWIGIIT E. BROCK. Clerk ..-~ttest as to Cha~rlan's signature or, If. Approved as to t'o~ and legal sufliciency: ! i ' Ilcidi F, Ashlon Assistant ('ounty Attorney jcb'gl~v'c, naplesmanorc xt'rcso BOARD OF CO[.J~N~F¥ COMMISSIONERS COI.I.IER COUNTY, FLORIDA - 3 - EXtlIBIT "A'~ I~EGAL I)ESCRIPTION I.OT 7 OF BI.OCK 6. NAPI.ES MANOR EXTENSION. AC('ORDING TO TIIF. PLAT [tOOK TIIEREOF. AS RECORDED IN PI.AT BOOK 3. AT PAGE 98OI: TI II:. PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - EXHIBIT "A" P.~. No. ;C.A-r ~0 N AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement lbr thc \Vaiver of h'npact Fees entered into this ./day of., ~,,~j,~7'' 1998, by and between thc Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSEIH: WHEREAS. Collier ('otmty Ordinance No. 90-86, as amended, thc ('oilier County Regional Water Systcm Impact Fcc Ordinance; Collier Count.,,' Ordinance No. 90-87. as amended, thc Collier County Regional Sewer System Impact Fcc Ordinance: Collier County Ordinance No. 88-97, as amended, thc Collier County Library System Impact Fcc Ordinance; Collier County Ordinance No. 88-96, as amended, tile Collier County Parks and Recreational Facilities Impact Fcc Ordinance; Collier County Ordinance No. 91-71. as amended, thc Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22. as amended, thc Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, tile Collier County Educational Facilities System Impact Fcc Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fcc Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS. thc County Administrator or his designee has reviewed thc OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in tile Impact Fee Ordinance; and WHEREAS, thc 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 tile project as eligible lbr an impact fcc waiver; and - 1 - \VHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98- ~3~/ at its ~'cgular meeting of, _,,',z~,,"~ // , 1998; and \\'HEREAS, the hnpact Fcc Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NO\V. T}IEREFORE, in consideration of thc foregoing recitals, thc panics covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals arc tree and correct and shall be incorporated by reference herein. 2. LEGAL DESCRI?TION. The legal description of thc dwelling unit (thc "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in thc appendices to thc Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for thc Dwelling Unit. REPRESEN r,,\'l lO: 'S AND WARRANTIES. OWNER represents and warranls the following: ;.1. Tim Dwelling Unit shall be sold to a household v,'ith a very Iow income ;ts defined in the appendices ta the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in tile appendices to the Impact Fcc Ordinancc; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner: The Dwelling Unit shall remain as affordable housing for fifteen (151 ,,'ears from the date tile certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee - 2 - 16 1 Ordinance. In return for thc waiver of the impact fees ov,'cd by OWNER. OWNER covenants and agrees to comply with tile affordable housing impact fcc waiver qualification criteria detailed in the Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. IfOWNER sells tile Dxvclling Unit subjcct to thc impact Fcc waiver to a subsequent purchaser, thc Dwclling Unit shall bc sold only Io households meeting the criteria set Forth in thc Impact Fcc Ordinancc. 6. AFFORDABLE REQUIREMENT. Thc Dv,,elling Unit must be utilized for affordable housing for a fifteen (15) year period after thc date the certificate of occupancy is issued; and if tile Dwelling Unit ceases to bc utilized for that purpose during such period, thc impact fccs shall be immediately repaid to the COUNTY. 7. LIEN. Thc waived impact fees shall be a lien upon thc Dwelling Unit on thc effective date of this Agreement; which lien may bc foreclosed upon ill thc event of' rton-compliance with tile requirements of this Agreement. 8. REt. EASE OF LIEN. Upon satisfactory completion of the Agreement requirements and liftccn (15) years after tile date of issuance of thc ccrtiticatc of occupancy, or upon payment of thc waived impact fees, the COUNTY shall, at thc expense of' thc 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 tile parties to this Agreement and their rcspcctive heirs, personal representatives, successors and assigns. In tile case of' sale or transfer by gift of the Dwelling Unit, tile original OWNER shall remain liable for the impact fees waived until said impact Fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against thc Dwelling Unit until the provisions of Section 8 arc satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in tile Official Records of Collier County, Florida, within fifteen (15)days after execution of this Agreement by the Chaim'~an of the Board of County Commissioners. cz> - 3 - I I. DEFAULT. OWNER shall be in default of this Agreement (I } xvhere OWNER tails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of'the violation. 12. REMEDIES. Should thc OWNER ofthe property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on thc Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to thc interest in thc Dwelling Unit of any owner, lcsscc, tenant, mortgagee, or other person except thc lien for County taxes and shall bc on parity with the lien of any such County taxes. Should the OWNER be in default of this Agrcemen! and thc default is not cured within (30) days after written notice to OWNER, thc Board may bring a civil action to enforce this agrecmcnt. In addition, thc lien may be tbrccloscd or otherwise cnt'orccd 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 tile COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by tile Board in enforcing this agreement, plus interest at the statutors,' rate tot judgments calculmcd on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on thc date and year first above written. Witnesses: Prinf}Name ,,'~h nt Name OWNERS: HABITAT FOR HUMANITY OF COLLIER,COUNTY, INC. ~Cli'~rl~s-C. Smifi'(V~ Presideni - 4 - 1.6Al 2 ATTEST: DWIGHT E. BROCK, Clerk A '/, ' '/ ltte;t as to Chalr'~an'$ $t~ature Approved as to foFm and legal sufficiency Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barb~'B-. ~:n:y: Chai'h, nan ~ STATE OF Florida ) COUNTY OF Collier _) The foregoing instrument was acknowledged before me this ,.:Y~' day of by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, ln~. known to mo. [NO-FARIAL SEAL] Sigl!atUre of Person Taking Acknowle~,ment ( 'x ,~Z.,, ~ 1998 He is ~rsonally Name of Acknmvledger Typed, Printed, t~ Stamped jd/gngc/naples manor lakes/agree - 5 - OR: 2457 PG: 2600 16412 EXHIBIT "A" LEGAL DESCRIPTION I.OT 7 OF BLOCK 6, NAPI.ES MANOR EXTENSION, A('CORDING TO TIlE PLAT BOOK TItEREOF, AS RECORDED IN PLAT BOOK 3. AT PAGE 98. OF THE PUBLIC RECORDS OF COLLIER COUNTY FI.ORIDA. - 6 - 16A12 EXHIBIT "A" Ar_~ K NOWI_~OONA{; N ~' %¸._ -7- RI:.SOI.tIT[ON NO. 98- 337 RF. SOI.UTION OF TIIF. BOARI) OF COUNTY COMMISSIONERS, COIAAER COUNTY. FI.ORIDA, AUTIIORIZING WAIVER OF REGIONAL WATER SYSTEM IMI'AC.'[ FEES. REGIONAL SEWER SYSTEM IMPACT FEES, I.IBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACII. ITIES IMPACI' FI'ES. ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE }lOUSE IO BE CONSTRUCTED BY IMMOKALEE IIABITAT FOR tlUMANITY. IN('., ON i.OT 13, BLOCK I I, NAPLES MANOR I..\KF.S. NAPLES. FI.ORIDA. WIIEREAS. Collier ('ounty has recognized and attempted to address the lack of adequate and affordable housing for moderate, low. and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County (irowth Management Plan, including: objective 1.4. policy IA.l: objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4. pohcy 1.5.5. policy 1.5.6: objective 1.6, policy 1.6.3; objective 2. I. policy 2,1.1, policy 2.1.2, policy 2.1.3, poi icy 2.1.5. and policy 2. 1.6 of thc I lousing Element: and WIII';RF~AS. Collier County has received funding pursuant to the State llousing Initiatives Parlnership Program set forth m Section 420.907 ct. seq.. Florida Statutes and Chapter 91.37. Florida Administrative Code; and \\'IIERF. AS. in accordance with Collier County Ordinance No. 93-10. the County is authorized to use funding from the State lhmsing Initiatives Parmership [SI IIP] Program fi~r waivers of Collier County impact fees: and WttF. REAS. Immokalec llabitat for Itumanity, Inc. is seeking a waiver of impact fees: and \VIIF. RI:.AS, Immokalce llabltat for llumanity, Inc. will construct one (1) thrce-bcdroom umt (thc "Dwelling Unit") on Lot 13. Block I1, Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five ttundred Dollars (546.500.00); and \VItEREAS. thc Dwelling Unit will be purchased by a very Iow income household which is required to revest a mlrnmum of five hundred (500) hours of "Sweat Equity" before il obtains lille to thc house: and \VI1F. RF. AS. Mr. Charles C. Smith, Vice President of Immokalee Ilabitat for l. lumanity, Inc.. submitted to thc Office of ttousing and Urban Improvement an Affordable Ilousing Application dated July 11, 1998 for a waiver of impact fees for thc construction of a house on Lot 13. Block 11, Naples Manor Lakes, a copy of said application is on file in the }lousing and Urban Improvement Department; and \VHEREAS. in accordance with Section 3.04 of the Regional Water System Impact Fee Ordinance, Ordinance No. 90-86. as amended: Section 3.04 of the Regional Sewer System Impact Fcc Ordinance , Ordinance No. 90-87. as amended: Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97. as amended: Section 4.05 of thc Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended: Section 3.04 of the Road Impact Fee Ordinance, Ordinance No, 92-22, as amended; Section 3.05 of the Emergency Medical Sen'ices System Impact Fee Ordinance, Ordinance No. 91-71, as amended: and - 1 - Scctmn 3.05 of thc liducatmnal 1:acflittcs System Impact Fcc Ordinance, Ordinance No. 92.33, as amended: an apphcant may obtain a xvalx'cr of m~pact lyes hy qualil~ing fi)r a waiver: and WIIEIIEAS. Immokalcc I labitat fi)r I[umanity, Inc. has qualified fl)r an ~mpact I~e waiver based upon thc fifllowmg reprcscntatmns made by Immokalcc t labitat fi~r I lumanity. Inc.: A. Thc I )xvclhng I;mt shall be sold to a first-t~mc home buyer. B. Thc l)wclhng Umt shall be sold to a household with a ve~ Iow income level as that le~ is defined m thc Appcmhccs to Ibc respecm'e Impact Fee Ordinances and thc monthly paymenl to purchase thc umt must bc xv,thin the afl~rdablc housing guidelines established in the Appendices to lhe respccl~ve Impact Fee Ordinances. ('. The l)xvelhng Uml shall be lhc llomcstead of the owner. I). 1'5c l)wclling l Jail shall remain affordable fi~r fifteen (15})'cars from the date the certificate of occupancy ~s ~ssucd. NOW TflEREFORE. BE IT RESOI.VED BY TIlE BOARD OF COU~ COMMISSIONERS OF COLI.IER COUNTY. FI.()RII)A. that: i. Ibc Board ,ff ('ounty ('ommtssmncrs hereby authorizes thc ('otlnly Administrator lo ~ssuc an :kulhor~Zall~m fi~r waiver of m~pacl fees to lmmokalcc llabitat fi~r I lumanity. Inc. ll,r one (1) Nmsc wtuch shall bc constmc~cd on l.ot 13. Bilk 11. Naples Manor Lakes. Collier County, l:hmda 2. [;pon receipt by fi~c Ilousing and Urban Improvement Director of an agreement for waiver of m~pact l~'es s~gned by Immokalcc Habitat for Ilumamty. Inc., ancot Iht purchaser, or other documcntalum acceptable to thc County Attorney. the Board of County Commissioners hereby authorizes thc payment by ('olhcr ('ounty of the following impact fees from the Affordnhlc l tousing Trust Fund. Fund (~911. in ~he lbllowing amounts fi~r the one (I) house to be buill on l.o~ 13. Block 1 I. Naples Manor Lakes by Immokalee llabitat for llumanily. Inc.: l.ibrary Impact Fee $ 180.52 Road Impact Fee 1.379.00 I). ['arks and Recreational l:acflilies Impact Fcc: ( I } ('onmlunity Parks (21 Regional Parks }:..",IS Impact Fcc Educational Facilities System hnpact Fee Water Impact Fee Sewer Impacl Fcc T¢)TAI, IM PACT FEES 399.00 179.00 14.00 1.778.0{) 91'}0.00 $1.340.00 $6,169.52 - 2 - 1 61 1 2"1 Thc payment of impact fees by Collier County is subject to the execution and recordalion of an agreement for waiver of Collier County Impact Fees between the properly owner and/or purchaser anti {he ¢'ounly. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGIFI' E. BROCK, Clerk ~tte~t as to Chairman's s~gnature onlj. Approved as to form and legal sufficiency: II¢i~li F. Ashton Assistant County Alh)n~cy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA jd/gm'c naplcsmanorlakcs'rcso - 3 - EXlilBIT I,EGAI, DESCRIPTION I.OT 13 OF BI,O('K 1 I. NAI'i,ES MANOR LAKES, ACCORDING TO Till:, PI,AT BOOK TI IEREOF. AS RECORDED IN PLAT BOOK 3. AT PAGE 87 OF TI It:' PUBLIC RECORDS OF COLLIER COUNTY I:I.ORII)A. hlAPLES k Io -5- 16 12 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Aereement for the Waiver of Impact Fees entered into this,,~ day of. ~,,~/-~ 1998, by anti between thc Board of County Commissioners of Collier County, Florida. hereinafter referred to as "COUNTY" and Habitat for I-tumanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETtt: WHEREAS. Collier County Ordinance No. 90-86, as amended, thc Collier County Regional Water System Impact Fcc Ordinance; Collier County Ordinance No. 90-87, as amended, thc Collier County Regional Sewer System Impact Fcc Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System hnpact Fcc Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fcc Ordinance; Collier County Ordinance No. 91-71, as amended, thc Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended. ~hc Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fcc Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS. OWNER has applied for a waiver ofilnpact fees as required by the Impact Fee Ordinance, a cop>' of said application being on file in the office of }lousing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fcc waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - ~VHEREAS~ the COUNTY approved a waiver of impact fees for OWNER cmbodicd in Resolution No. 98-.ff--.e.7 at its regular meeting of .--~?.a-?' ,/ , 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, thc parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing rccitals arc truc and correct and shall be incorporated by reference hcrcin. 2. LEGAL DESCRIPTION. Thc legal description of the dv,'elling unit (thc "Dwelling Unit") and site plan arc attached hcrcto as Exhibit "A" and incorporated by refcrcncc herein. 3. TERM. O\\'NER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered l'or sale in accordance with the standards sci forth in the appcndiccs to thc Impact Fcc Ordinance for a period of fifteen (15) years commcncing from thc date thc certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc following: The Dwelling Unit shall be sold to a household with a ,,'cry low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within thc affordable housing guidelines established in the appendices to the Impact Fcc Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; Thc Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee - 2 - Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. IfOWNER sells the Dwelling Unit subject to tile impact fee waiver to a subsequent purchaser, tile Dwelling Unit shall be sold only to househokls meeting the criteria set forth in tile Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. Tile Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during st, ch period, tile impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on tile effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of tile Agreement requirements and fifteen (I 5) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees. the COUNTY shall, at the expense of tile COUNTY, record any necessa~' documentation evidencing the termination of tile lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. ']'his Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In thc case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable thc impact fees waived until said impact Ices arc paid irt full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. I0. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 16 12 11. DEFAULT. OWNER si'mil be in default of this Agreement (1) whcrc OWNER fails to sell the Dwelling Unit in accordance with thc affordable housing standards and qualification criteria cslablishcd in thc Impact Fcc Ordinancc and thcrcaficr fails to pay thc impact fees due within thirty (30) clays of said non-compliance, or (2) whcrc OWNER violates one of the affordable housing qualification critcria in thc h'npact Fcc Ordinancc for a period o£ fifteen (1 $) days after notice of the violation. 12. REMEDIES. Should tile OWNER of thc properly Fail to comply xvith thc said qualification criteria at any time during thc fiftccn (15) year period or should OWNER violate any provisions of this Agreement, thc impact fees waivcd shall bc paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrccs that the impact fccs waivcd shall constitute a lien on thc Dxvclling Unit commencing on tile effective date of this Agreement anti continuing for fifteen (15) years from the date of issuance of the ccrtificatc of occupancy or until repaid. Such lien shall be superior and paramount to thc intcrcst in thc 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 thc OWNER be in default of this Agreement and thc default is not cured within (30) days after written notice to OWNER, thc Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or othcBvise cntbrccd bv 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. Thc Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by thc Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, thc parties have executed this Agreement for Waiver of Impact Fees on thc date and year first above written. OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY. INC. ./~ c, c'harl~'s C. S,~ ,V/(ce PresidXen( - 4 - 16Al,?. DATED: ATTEST: DWIGHT E. BROCK, Clerk ,/ signature onlff. Approved as to fom~ and legal sufficiency Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF Florida ) COUWTY OF Collier ) The foregoing instrument ,,vas acknowledged before me this by Charles C. Smilh, known to me. [NOTARIAl. SEAL] ~ day of .-'-,)..,,,. Z~;_ ...- , 1998 Vice President of Habitat for Humanity of Collier County. tfi'C. He i~ personally Signaturfi of Person Taking Acknowledgrr~nt Name of Acknowledger Typed, Pffnted or Stamped id/gm/c/naples manor lakes/agree - 5 - 16] 12 EXHIBIT "A" LEGAL DESCRIPTION LOT 13 OF BI.OCK li. NAPLES MANOR LAKES. ACCORDIN(i TO T}tE PLAT BOOK TtlEREOF. AS RECORDED IN PI.AT BOOK 3. AT PAGE 87. OF 'DIF. PUBLIC RECORDS OF COI.LIER COUNTY FI.ORI DA. - 6 - k .-... MAPLES 16~12 ' -7- RF. SOI.UTION NO. 98- 3315 RESOI.tFI'ION OF TIlE BOARD OF COUNTY COMMISSIONERS, COLI.IER COUNTY. FI.ORIDA. AUTIIORIZING WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES. REGIONAl. SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACq' FEES, ROAD IMPACT FEES. EMERGENCY MEDICAL SERVICES 1MPACT ~:EES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONF. IIOUSE TO BE CONSTRUCTED BY IMMOKALEE IIAP, FFAT [:OR [IUMANITY. INC., ON LOT 12, BLOCK II. NAPLES MANOR I.AKES. NAPI.ES. FI.ORII)A. WHEREAS. ('oilier County has recognized and attempted to address thc lack of adequate and affordable housing I'or moderate, low. and very-low income households tn the County and the need for creative and innovative programs to assist m the proviston of such housing by including several provisions in thc ('oilier County Growth Management Plan. including: objective 1.4. policy 1.4.1: objective 1.5. policy 1.5.2. policy 1.5.3. policy 1.5.,1. policy 1.5.5. policy 1.5.6: objective 1.6. policy 1.6.3: objc. ctive 2.1. policy 2.1.1. policy 2.1.2. policy 2.1.3, policy' 2.1.5. and policy 2.1.6 of thc l lousing Element: and WIIF. REAS. ('oilier ('ounty has received funding pursuant to thc Stat( Ilousing Initiatives Parlncrship Program set forth in Section 420.907 ct. seq.. Florida Statutes and Chapter 91-37. Florida Administrative ('ode: and \VltEREAS. in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State [lousing Initiatives Partnership [SHIP] Program for waivers of ("oilier County impact fees: and \VI [F. REAS. lmmokalcc I lab[tat for ttumanlty. Inc. ts seeking a waiver of impact lees: and WItEREAS. lmmokalce ltabitat for Ilumanity. Inc. will construct one (I) three-bedroom unit (the "Dwelling Unit") on Lot 12. Block Il. Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five lfundred Dollars ($46.500.00): and WtlEREAS. the Dwelling Unit will be purchased by a very Iow income household which is required to invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the house; and WIIEREAS. Mr. Charles (2;. Smith. Vice President of [mmokalee Ilabitat for llumanity, Inc., submitted to thc Off,ce of [lousing and Urban Improvement an Affordable [lousing Application dated July 1 I, 1998 for a waiver o1' impact fees fi)r thc construction of a house on Lot 12, Block I I. Naples Manor Lakes. a copy of said application is on file in the flousing and Urban Improvement Department: and WHEREAS. in accordance with Section 3.04 of the Regional Water System Impact Fee Ordinance, Ordinance No. 90-86, as amended; Section 3.04 of the Regional Sewer System Impact Fee Ordinance . Ordinance No. 9O-87. as amended: Section 3.0~. of the Library System Impact Fee Ordinance. Ordinance No. 88-97. as amended: Section ,1.05 of the Parks and Recreational Facilities Impact Fee Ordinance. Ordinance No. 88-96. as amended: Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22. as amended: Section 3.05 of the F. mcrgency Medical Services System Impact Fee Ordinance. Ordinance No. 91-71. as amended: and - 1 - 16A!Z( Section 3.05 of the Educational Facilities System Impact Fcc Ordinance. Ordinance No. 92-33, as amended: an applicant may obtain a waiver of impact fees by qualifying for a waiver: and WtlI.:REAS. [mmokalcc l[ab~tal I.or Ilumanity. Inc. has qualified /be an ~mpact roe waiver based upon the follo~ ing rcprcscntalions made by lmmokalc¢ Ilabitat f.or itumanity. Inc.: ,,\. Thc Dwelling I,'nit shall be sold lo a first-time home buyer. II. Thc I)xxelllng Unit shall be sold lo a household with a ,,'cry. Iov, income level as that term ~s defined m the Appendices to thc rcspccttvc Impact Fee Ordinances and thc monthly payment lo purchase thc umt must be within the affi)rdablc housing gu;dchnc'~ estabhshcd tn thc Appendices to thc rcspccttxc Impact Fcc ()rdlnanccs. ('. Thc I)xxclhng t.'nit shall be thc llomcqtcad of thc oancr D Thc Dwclhng Umt shall rcmam aflbrdablc for fifteen II.q) )c'ar~ from thc date thc ccmficatc of occupancy ~, ~ssucd. NOW TIlF. REF()RE. BE FI RI!SOI.VED 115' TIIF. B¢)ARD O}- CO[~N'I'Y ('OMM1SSIONI'.'RS ()F COLLIER ('OUN'['Y. }:L(IRID:\. thai' I. -thc Board of County ('omm~ssmners hereby authorizes thc County Administrator lo issue an ..\uthcmTatmn for v,'mver of impact fees lo Immokalee llabitat for Ih,manity. Inc. ['or one (I) house which shall be constructed on I.ot 12. Block 1 I. Naples Manor l.akcs. Collier r,.'mmty, Florida. 2. Upon receipt by the Itousing and Urban Improvement Director oran agreement for waiver of impact Ices signed by Immokalee llabitat for llumanity, Inc., and/or the purchaser, or other documentation acceptable lo thc County Attorney, the Board of County Commissioners hcreby authorizes ti~e payment by ('oilier Cou,:ty of thc following impact fees from thc Afl'ordable Ilousing '['rust Fund. Fund (1911. in thc following amounts for the one (I) house to bc built on Lot 12. Block I 1. Naples Manor l.akcs by Immokalee tlabitat for llumanity, Inc.: l.d~raB,' Impact Fcc S 180.52 Road Impact Fee 1,379.00 A. gl C. Parks and Recreational Facilities Impact Fcc: ( 1 ) Community )'arks 399.00 (2) Reglonal Parks 179.00 I). lEXIS Impact ):cc 14.00 E. Educational Facilities System Impact Fcc 1,778.00 F. Watcr Impact Fcc 900.00 G. Sewer Impact Fcc $1.340.00 TOTAl. IMPACT FEES S6,169.5~ - 2 - Thc payment of impact Ices by Collier County is subject to the execution and recordation of an agreement for waivcr of Collier County Impact F~s hetw¢cn the property owner and/or purchaser and thc County. 'l'hts Rcsolulton adopted after motion, second and majority ;'otc favoring samc. D AT E D: ~,~"~'~,~,~' ATTEST: DWIGtt'F E. BROCK. Ctcrk Attest .,s t~ ChaPman's s~gnature Approved as m fo~ and !~1 sufficiency: tteidi F. Ashton Assistant County Anomey jd.tgm, c.'naplesma nor hkcs;reso BOARD OF COUNTY COMMISSIONERS CO LI.I El{ COUNTY, FLORI DA - 3 - EXtilBIT '~A~ LEGAL DESCRIPTION I.OT 12 OF BLOCK 1 I. NAPLES MANOR LAKES, ACCORDING TO TIlE PI.AT BOOK TIIEREOF, AS RECORDED IN PLAT BOOK 3. Al' PAGF. §7 OF TIlE PUBI.IC RECORDS OF COLLIER COUNTY FLORIDA, - 't - MAPLES SF /4' -5- 16 12 AGREEMENT FOR WAIVER OFCOLI,IER COUNTY IMPACT FEES / This Agrccmcnt for thc Waiver of hnpact Fees entered into this .~/day of_~1998, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for i lumanity of Co[lier County, Inc., hereinafter rcfcrred ~o as "OWNER." W I TN ESS ET H: WHEREAS, Collier County Ordinance No. 90-86, as amended, the {.'oilier County Regional Water System h'npact Fee Ordinance; Collier Count>' Ordinance No. 90-~7. as amended, thc Collier County Rc~ional Sewer System Impact Fee Ordinance; ('oilier Counly Ordinance No. 85-9?. as amended, the Collier County Library System Impact Fcc Ordinance; Collier County Ordinance No. 88-9(), as amcnded, thc Collier Cotmty [)arks and Recreational Facilities Impact Fcc Ordinance; Collier County Ordinance No. 91-71. as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amcndcd, thc Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, thc Collier County Educational Facilities System Impact Fcc Ordinance. as thcy may be fitrthcr amended from time to time hereinafter collcclively rcfcrrcd to as "Impact Fcc Ordinance", provide for waivers of impact fees for new oxvner-occupied dwelling unit qualifying as affordable housing; and WHEREAS. OWNER has appiicd tbr a waiver of impact fees as required by the Impact Fcc Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in thc Impact Fcc Ordinance; and WHEREAS, thc impact fcc 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 o o - 1 - 16A12 \VIIEREAS, the COUNTY approved a ~vaiver of impact fees for OWNER embodied in Resolution No. 98- .-~--Y,J/J at its regular meeting of.~r,X~.~--7/' /' . ., 1998; and WHEREAS, the Impact Fcc Ordinance requires that the OWNER enter into an Agreement with thc COUNTY. NO\V, TI-tEREFORE. in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals arc truc and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. Thc legal description of thc dwelling unit (thc "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that thc Dwelling Unit shall remain as affordable housing and shall bc offered for sale in accordance with the standards set forth in thc appendices to thc Impact Fcc Ordinance for a period of fifteen (15) years commencing from thc date thc certificate ot'occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc Following: a. The Dwelling Unit shall be sold to a household with a very Iov,, income as defined in thc appendices to the Impact Fee Ordinance and his/her monthly payments to purchase tile D~velling Unit shall be within the affordable housing guidelines established in the appendices to the hnpact Fcc Ordinance; b. Thc Dwelling Unit shall be sold to a first-time home buyer; c. Thc Dwelling Unit shall be thc homestead ofov,'ncr; d. Thc Dwelling Unit shall remain as affordable housing for fifteen (15) years from thc date tile certificate of occupancy is issued for thc Dwelling Unit; and c. OWNER is thc owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fcc - 2 - 16/ 1 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fcc waiver qualification criteria dclailed in thc h'npact [:cc Ordinance. 5. SUBSEQUF_.NT TRANSFER. IfOWNER sells the Dwelling Unit subject to thc impact f,cc waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting thc criteria scl forth in tile h'npact Fee Ordinance. 6. AFFORI)ABI.E REQUIREMF. NT. Thc Dwelling Unit must be utilized Ibr aflbrdablc housing lbr a fifteen (15) year period after thc date the certificate of occupancy is issued: and if' thc Dwelling Unit ceases to be utilized for that purpose during such period, thc impact fccs shall be immediately repaid to the COUNTY. 7. LII!N. The waived impact f,ces shall be a lien upon thc I)wclling Unit on thc effective date of this Agrccmcnt: which lien may bc foreclosed upon in tile event of non-compliance witll thc rcquircmcnls o1' this Agrcerncnt. 8. REI.EASF. OF LIEN. Upon satisfactory completion o£ thc Agreement requirements and fi f.tccn (15) years after ti're date o£ issuance of thc certificate of occupancy, or upon payment of, thc waived impact f,ces, the COUNTY shall, at thc expense of thc COLJNTY. rccord any necessary documentation evidencing tile termination of the lien, including, bu! not limited to, a release of lien. 9. BINI)ING EFFECT. 'l"his Agrccmcnt shall be binding upon thc parties to Il'tis Agreement and their rcspcctivc heirs, personal representatives, successors and assigns. In thc casc of sale or transfer by gift of thc Dwelling Unit, lhe original OWNER shall remain liable for thc impact f.ccs waived until said impact f.ces arc paid in full or until thc conditions set forth itl tile Impact Fcc Ordinance are satisfied. In addition, this Agreement shall mn with the land and shaH remain a lien against thc Dxvclling Unit until the provisions of Section 8 are satisfied. I0. RECORDING. This Agreement shall be recorded by OWNER at thc expense of OWNER in thc Of,ficial Records of Collier County, Florida, within fifteen (15) days after execution of' this Agreement by the Chairman of'the Board of Counly Commissioners. o - 3 - II. DEFAULT. fails to sell the Dv,'elling Unit in accordance with thc affordable housing standards and qualification criteria established in thc hnpact Fcc Ordinance and thereafter Fails to pay the impact Fccs duc within thirty (30) days of said non-compliance, or (2) where OWNER violates one of thc affordable housir~g qualification criteria in the hnpact Fcc Ordinance For a period of fifteen (15) days after notice ortho violation. 12. REMEDIES. Should thc OWNER of the property fail to comply with thc said qualification criteria at any time dr, ring the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in fidl by OWNER within thirty (30) clays of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on thc Dwelling Unit commencing on thc effective date of this Agreement and continuing For fi ficcn (I 5) years from the date of issuance of the certificate of occupancy or until repaid. Such lien si'mil he superior and paramount to the interest in the l)wclling [Init of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with thc lien of any such County taxes. Should the OWNER be in defimlt of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be forccloscd or od'mn, vise enforced by thc COUNTY by action or suit in equity as for the lbreclost,re of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. Thc Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at Ibc statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed ti'tis Agreement for Waiver of Impact Fees on the date and year first above written. 16/ 12 OWNER shall be in default of this Agreement (I) where OWNER OWNERS' HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. A -' ~ 1" /, ,/ 'Charles C. Sml~(~,~ce Presider - 4 - DATED: fi' '. - ATTEST: DWIGHT E. BROCK, Clerk ~tt~,~t as to Chatr~ln'$ signature onlj. Approved as to form and legal sufficiencY t i / He~d~ F. Ashto~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barba'h~. B.-Bcrry,'chai~ STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this . ~>.' day of ..!;'J_<,~ {_ ..... 1998 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County. Ifi~. He is?P-ersonally knoxvn to me. [NOTARIAL SEAL] Signaturc~of Person 'Faking Acknowledgment ~" ;~, ., , ~ . .~, 2,.9 z :;,,: / Name of Acknowiedger Typed, Printeo'or Stamped jcl/gm/c/naples manor lakes/agree - 5 - 0R: 2457 PG: 2614 16~12 EXHIBIT "A" LEGAL DESCRIPTION LOT 12 OF BLOCK I 1, NAPLES MANOR LAKES. ACCORDING TO T}IE PLAT BOOK TtIEREOF. AS RECORDED IN PLAT BOOK 3. AT PAGE 87, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY [:kORIDA. - 6 - I',,,I A P L Ec. k -7-