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Resolution 1998-340 thru 352RESOLUTION NO. 98-~ 16A201 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AUTHORIZING WAIVER OF LIBRARY SYSTEM IMPACT FEES. PARKS AND RECREATIONAL FACILITIES IMPACT FEES. ROAD IMPACT FEES. EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE }lOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 20. BULLARD SUBDIVISION, IMMOKALEE. WIIEREAS, Collier County has recognized and altcmptcd to address thc lack of adequate and affordable housing for moderate, Iow, and very-low income households in the County and thc need for creative and innovative programs to assist in the provision of such housing by including several provisions in thc Collier County Growth Management Plan, including: objective 1.4, policy 1.4. I; objective 1.5, policy 1.5.2. policy 1.5.3. policy 1.5.4, policy 1.5.5, policy 1.5.6; objective i.6, policy 1.6.3: objective 2. l. policy 2.1. l, policy 2.1.2. policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the ltousing Element; and WHEREAS. ('oilier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 r.l. seq., Florida Statutes and Chapter 91-37. Florida Administrative Code; and WHEREAS. in accordance v.'ith Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Parlncrship [SHIP] Program for waivers of Collier County impact fees; and WHEREAS. Habitt, t for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS. [{abitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (thc "Dwelling Unit") on Lot 20, Bullard Subdivision, Immokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, 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 WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submiltcd lo thc Office of l lousing and Urban Improvement an Affordable ttousing Application daled August 6, 1998 for a waiver of impact fees for thc construction ora house on Lot 20 Bullard Subdivision, lmmokalce, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97. as amended; Section 4.05 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 lhe Emergency Medical Services System Impact Fee Ordinance. Ordiwmce No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee - 1 - 16A20 Ordinance, Ordinance No. 9~-33. as amended; an appficant may obtain a waiver of impact fees by qualifying for a wab.'cr: and WIfEREAS. Ilabitat for Humanity of Collier County, Inc. has qualified for an impact fcc waiver based upon thc following rcpresenlations made by tlabitat for Humanity of('ollier Co:rely. Inc.: A. Tile Dv.'elling Unit shall he sold to a first-time home buyer. B. Tile Dwelling Unit sh;.ll be sold to a household with a very Iow income level as that term is defined in the Appendices to tile respective Impact Fee Ordinances and thc monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to thc respective h'npact Fcc Ordinances. C. Tile Dwelling Unit shall be the llomcstcad ortho owner. D. 'File Dwelling Unit shall remain affordable for fifteen {15) years from tile date thc certificate of occupancy is issued. NOW THEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER ('OUNTY. FI,ORIDA, thai: 1. 'File Board of County Commissioners hereby authorizes thc County Administrator lo issue an ,,\u01orization for waiver of impact fees to Itabitat for ttumanity of Collier County. Inc. fbr one (1~ house which shall be constructed on Lol 20 Bullard Subdivision. Immokalee. Collier County, Florida. 2. Upon receipt by the [-lousing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser. or other documentation acceplable to the County Attorney. the Board of County ('ommissioncrs hereby authorizes the payment by Collier County of thc following impact fccs from thc Affordable l tousing Trust Fund, Fund {I 9IL in thc £ollowing amounts for thc one (I) house to be built on Lot t lumanity of Collier County. Inc.: A. Library Impact Fee t3. Road Impact Fcc C. Parks and Recreational Facilities hnpact Fee: ( 1 ) Community Parks (2) Regional Parks D. EMS Impact Fee E. Educational Facilities System Impact Fcc Total Impact Fees 20 Bullard Subdivision, Immokalee by Habitat for $ 180.52 1,379.00 399.00 179.00 14.00 $ !.778.00 S 3,929.52 - 2 - 16A20 3. Thc paymcnt o£Jmpact £ees by Collicr Counly is subjcc! to thc cxccufion and recordation or an Agrccmcnt For Wa;vcr o£Collier County Impact Fees bctwccn thc pmpcrty owner and/or purchaser and thc County. This Rcsolution adoptcd a~tcr motion, sccond and majority volc favoring samc. / ATTEST: "DWIGHT E. BROCK. Clerk $tc-tnature o~ )~. Approved as to fo~ and legal su~ciency: Heidi F. Ashton Assistant County Atlomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA jd,'gm'c/bullard reso - 3 - EXIIlBIT "A~ LEGAl. DESCRIPTION - BULLARD SUBDIVISION I.OT 20, BULI.ARD SUBDIVISION, ACCORDING TO THE PLAT BOOK TtlEREOF, AS RECORDED IN PLAT BOOK l?, AT PAGES 76 AND 77, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FI.ORIDA. - 4 - 2367378 OR: 2457 PG: 2738 C~IR[ ?O ?~! ~0AR0 I~I¢0R01D ~11 tile 0~[¢~/, llC0RO$ of C0~[li C0~, ~ ~ git 7240 C0~IIS AGREEMENT FOR WAIVER OFCOLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees cntcred into this _/'day of~r~ 1998, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hcrcinaficr referred to as "OWNER." WITNESSETH: WHEREAS, 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, the Collier County Emergency Medical Services System Impact Fcc 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, the Collier County Educaticmal Facilities System hnpact Fee Ordinance, as they may be timber amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fecs 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 hnpact Fcc Ordinancc. a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite hnpact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible ~'or an impact fee waiver; and - 1 - OR: 2457 PO: 2739 VeHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied ~ 6 ~ Resolution No. 98- )y/o' at its regular meeting of' ,d~~ / ,1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement xvith the COUNTY. NOW, THEREFORE, in consideration of thc foregoing ,'ecitals, tile parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" anti incorporated by reference herein. 3. TERM. OWNER agrees ti;at the Dwelling Unit shall remain as aflbrdable hot,sing in accordance ',,,'/th lhe standards set forth in the appendices to the Impact Fee Ordinance for n period of fifteen (15) years commencing from the date tile certificate of occupancy is issued for the Dwelling Unit. 4. following: REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc The Dwelling Unit shall be sold to a household with a very low income as defined iii tile appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; Tire Dwelling Unit shall be the homestead ofowner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date tile certificate of occupancy is issued for lh¢ Dwelling Unit; and - 2 - OR: 2457 PG: 2740 l& 20 c. OWNER Is thc owncr of record of thc Dwclling Unit and owcs impact fees in thc total amount of ..53,929.52 pursuant to the Impact Fcc Ordinance. In return for thc waiver o£ the impact fces owed by OWNER, OWNER covenants and agrees to comply with thc affordable housing impact fcc waiver qualification criteria detailed in thc h'npact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. IfOWNER sells thc Dwelling Unit subject to thc impact fee waiver to a subsequent purchaser, the Dwelling Unit shall bc sold only to households meeting the criteria set forth in the Impact Fcc Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period aftcr thc date thc ccrlificate of occupancy is issued; and if thc Dwelling Unit ceases to be utilized for that purpose during such period, thc impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Thc waived impact fees shall be alicn upon thc Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance w/th thc requirements of this Agreement. S. REI. EASE OF [.IEN. Upon satisfactory completion of thc Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of' the waived impact fces, the COUNIY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of thc lien, including, but not limited to, a release oflien. 9. BINDING EFFECT. This Agreement shall be binding upon the panics to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall mn with the land and shall remain a lien against the Dwelling Unit until thc provisions of Section 8 are satisfied. - 3 - OR: 2457 PG: 2741 16 20 10. RECORDING. This Agreement shall be recorded by OWNER at tlie expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chaimmn of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (i) where OWNER fails to comply witli the affordable housing standards and qualification criteria established in tlic Impact Fcc 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 thc violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen (15)days after notice of violation, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full bb· OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived sliall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (I5) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, morlgagee, 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 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 other.vise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. - 4 - IN WITNESS WHEREOF, the parties have executed this Impact Fees on the date and year first above written. OR: 2457 ?G:1 2742 Agreement for Waiver of ATTEST: DWIGHT E. BROCK, Clerk OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. aries C. Smi!,.l~, V_~Pr~siaent BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Approved as to form and legal sufficiency H'ei'-di F. ~shton ' ~)" Assistant County Attorney 0 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ...2t/ day of/~-.'~.~ 6 by Charles C. Smith, known to me. [NOTARIAL SEAL] .jd/g,'~cgoullard/agreement , 1998, Vice President of Habitat for ttumanity of Cc~'ilier County, Inc. He is personally ,Sign~ature of Person Taking Ackn~o~ledgnle_nU - 5 - OR: 2457 PG: 2743 16~20 EXHIBIT "A" LEGAL DESCRIPTION - BULLARD SUBDIVISION LOT 20, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - I T~AFFOI~O *** OR: 2457 PG: 2744 *** 16~20 RESOLUTION NO. 98- 2, q/ RESOI.UTION OF TIlE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA. AUTHORIZING WAIVER OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACI FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE ItOUSE TO BE CONSTRUCTED BY HABITAT FOR ItUMANITY OF COLLIER COUNTY, INC., ON LOT 21, BULI.ARD SUBDIVISION. hMMOKALEE. WItEREAS. ('cHI/er County has recognized and atlcmptcd to address the lack of adequate and affordable housing for moderate, lox,,', and very-low income households in the County and thc need for creative and innovative programs to assist in the provision of such housing by including several provisions in thc Collier ('ot,nty Growth Management Phm, including: objective 1.4. policy 1.4. !; objective 1.5. policy 1.5.2. policy 1.5.3. policy 1.5.4. policy 1.5.5. policy 1.5.6; objective 1.6, policy !.6.3; objective 2.1, policy 2. I. l. policy 2.1.2. policy 2.1.3. policy 2.1.5. ;md policy 2.1.6 of the Housing Element: and \VIII-~RI-~AS. Collier County has received funding pursuant to the State tlousing Iniliativcs Pannership Program sci forth in Section 420.907 ct. seq.. Florida Statutes and Chapter 91-37. Florida .-\dministrati,. c ('adc; WHEREAS. in accordance v,'hh Collier County Ordinance No. 93-19, the Covnty is authorized to usc funding from thc State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WI-tEREAS, ~labitat Ibr ltumanity of Collier County, Inc. is seeking a waiver of impact fees; and WIIEREAS. ttabitat for Humanity of Collier County, Inc. will construct one ~1 ) Ihrce-bedroom unit (thc "Dwelling Unit"} on Lot 21. Bullard Subdivision, immokalee which is proposed to sell for Forty-Six Thousand Five ttundrcd Dollars ($46.500.00); and WItEREAS, thc Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to Iht house; and \\'l IER F...\S..\Ir. Charles ('. Smith. Vice President of Ilahitat for Humanity of Collier County, Inc.. submitted to thc Office of I lousing and Urban Improvement an Affordable I Iousing Application dalcd August 6. 1998 for a waiver of impact fees for the construction ora house on Lot 21 Bullard Subdivision. Immokalec. a cop.,,' of said application is on file in the Housing and Urban Improvement Department; and WHEREAS. in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97. as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance. Ordinar~ce No. 88-96, :,s amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22. as ;,'ncndcd: Seclion 3.05 of the Emergency Medical Sen'ices System Impact Fee Ordinance, Ordinance No. 91-71. as amended: and Section 3.05 of the Educational Facilities System Impact Fee - 1 - Ordinance, Ordinance No. 92-33, as amended: an applicant may obtain a waiver of impacl fees by qualifying for a waiver; and WI-[EREAS. Itabitat for Humanity of ('oilier Cot, nty, Inc. has qualified for an impact fcc waivcr based upon thc follov, ing representations made by tlabilat for llumanity of Collier County, Inc.: A. Thc Dwelling Unit shall be sold Io a first-time home buyer. B. Thc Dwelling Unit sh~'[I bc sold to a household with a very Iow income lcvcl as that tcrm is defined in the Appendices to thc respective Impact Fee Ordinance~ and Ih¢ monthly payment to purchase tile unit must be within thc affordable housing guidelines established in the Appendices to thc respective Impact Fee Ordinances. C. Thc Dxx oiling Unit shall be thc tlomcstead ortho owner. D. Tile Dwelling Unit shall remain affordable for fifteen (15) years from the date thc certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: l. The Board of County Commissioners hereby authorizes the County Administrator to issue :,n Aulhorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. IZr one ( ) house which shall be conslructed on Lot 21 Bullard Subdivision. Immokalec. Collier Cotmty, Florida. 2. Upon receipt by the ftousing and Urban Improvement Director ofan agreement for waiver of impact fees signed by ltabitat for Hr,inanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees I'mm tile Affordable Housing Trust Fund. Fund (191), in the following amounts for the one fl) house to be built on Lot 21 Bullard Subdivision, Immokalee by Habitat for ltumanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: { I ) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee S 1.778.00 Total Impact Fees $ 3,929.52 - 2 - ,l ZO- 3. Thc payment of impact tees by Collier County is subject to thc execution and recordation of an Agreement i'or Waiver of Collier County Impacl Fees between Ihe property owner and/or purchaser and tile County. This Resolution adopted after motion, second and majority vote £avoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk : At'est as to signature ontl. Approved as 1o form and legal suflicicncy: · 1~. 3, shton .... Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Bar~-r'a B:-b~,C"~irma~'' ~ jd/gmrc/bullard.'reso - 3 - 16A20' EXIlIBIT I.EGAL DESCRIPTION . BULLARD SUBDIVISION I.OT 21, BULLARD SUBDIVISION, ACCORDING TO THE PI.AT BOOK THEREOF, AS RECORDED IN PI.AT BOOK 27, AT PAGES 76 AND 77, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY. FI.ORIDA. - 4 - z i ,,=,: 2367379 OR: 2457 PG: 2745 CLI]~I TO TH! f~OJO0 I~iCORDID in ~be O~IClA~ U~S o~ ~III ~, ~ IITIROffICl 4TH FL~i 0~/02/~8 a~ 10:3J~ Drift I. el~[, CLII[ RIT 7240 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES 16 20 COM~$ 7.00 This Agreement for the Waiver of Impact Fees entered into thls,~ ;day of_ ,1998, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc.. hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, thc Collier County Library, System Impact Fee Ordinance; Collier County Ordinance No. 88-96. as amended, thc Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, thc Collier County Road Impact Fee Ordinance: and Collier County Ordinance No. 92-33, as amended, the Collier Count.,,, Educational Facilities Systcm Impact Fcc Ordinance, as they may be furlhcr 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 aflbrdablc 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 thc office of l-{ousing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of ali criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR: 2457 PG: 2746 WHEREAS, the COUNTY approved a waiver of impact Fees for OWNER embodied 1~ 6 0 Resolution No. 98- Jr/ at its regular meeting of ~.~~~/~._..· / ,1OOg; and WHEREAS, the Impact Fee Ordinance requires lhat the O~ER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration oFlhe foregoing recitals, the pmies covenant and agree as follows: I. RECITAES INCORPORATED. The foregoing recitals are tree and co~ect and shall be inco~orated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is atlached hereto as Exhibit "A" and info.orated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with the standards set fo~h in the appendices to thc Impact Fcc Ordinance for a period of fifteen (15} >'ears commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WAR~NTIES. O~t~ER r~rcscnts and wagants the following: Thc Dwelling Unit shall be sold to a household with a ,,'cry Iow income as defined in the appendices to thc Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within thc affordable housing guidelines established in thc appendices to thc lmpact Fcc Ordinance; 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 (15) years from thc date the certificate of occupancy is issued for the Dwelling Unit; and - 2 - OR: 2457 PG: 2747 16 20 e. OWNER is thc owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells thc Dwelling Unit subject to thc impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. Thc Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after thc dale the certificate of occupancy is issued; and if thc Dwelling Unit ceases to be utilized for that purpose during such period, thc impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien ma)' be foreclosed upon in thc event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of thc lien, including, but not limited to, a release of lien. 9. BINDING EFFECI. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns, in the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. - 3 - OR: 2457 PG: 2748 16 20 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (!) where OWNER fails to comply with the affordable housing standards and qualification criteria established in thc 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 tile OWNER of the property fail to comply with thc said qualification criteria for fifteen (15) days after notice of violation, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with thc lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or othenvise enforced by the COUNTY by action or suit in equity as for thc foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. - 4 - IN WITNESS WHEREOF, the parties hav Impact Fees on the date and year first above written. executed this OR: 2457 PG: 2749 16 20 Agreement for Waiver of OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. L~fiarl~s C. Smi~-~President ., ,. ATTEST: · DWIGHT E. BROCK, Clerk A'~roved ~s to fo~ and : legal sufficiency Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bar-~-~ ]~rry, STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this o0.9/ day of ~'.'.~,,, ~,. by Charles C. Smith, known to me. .. [,NOTARIAL SEAL] ~ 'Jd/~rn/c/bullard/agreeme nt , ! 998, Vice President of Habitat for Humanity of Collier County, Inc. He is personally S~gg~6m of Person Taking Acknow~ Nme ofAcknowledger T~, Printed or ~?~ ~ - 5 - OR: 2~57 PG: 2750 16A20 EXHIBIT "A" LEGAL DESCRIPTION - BULLARD SUBDIVISION LOT 21, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - z £ ~,~r(~:~o ~.C~3 (SR S-O',O) t.~£ ! -,o ~ I I ! · I ! ! L. 80' R/w (CX~$~¢) ~-. *** OR: 2457 PG: 2751 **' 15~20 RF. SOI.UTION NO. 9fi-_._~'~ RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS, COI.LIER COUNIY, FLORIDA, AUTHORIZING WAIVER OF LIBRARY SY.SIEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMI'ACT FEES. ROAD IMPACT FEES, EMERGENCY MEDICAl, SERVICES IMPACT FEES AND EDtlCATIONAL FACII,ITIES SYSTEM IMI)ACT FEES FOR ONE IIOUSE TO BE CONSIRUCTED BY itABIIAT FOR [IUMANITY OF CO[,I.IER c~'OUNTY. IN{'.. ON [,OT 22, B[J[.LARD SUBDIVISION. IMMOKAI.EE. WttEREAS. ('oilier County has recognized and attempted to address the lack of adequate and affordable housing for mod(rate. Iow. 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 thc Collier Count,,,' Growth Management Plan. including: objective 1.4. policy 1.4. I: objective 1.5, policy 1.5.2, policy 1.5.3. policy 1.5.4. policy 1.5.5. policy 1.5.o; obj¢clivc 1.6. policy 1.6.3; objective 2.1. policy 2.1.1, policy 2.1.2. policy 2.1.3. policy 2.1.5. and policy 2.1.(') of the ilousing Element: ami WIfEREAS. ('oilier County has received funding pursuant lo thc Slate IIousing Initiatives Panncrship l'rogram sc( forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37. Florida Administrative Code; anti WtlEREAS. io accordance u,'ith ('oilier County Ordinance No, 93-19, thc County is authorized to usc funding from thc State I lousing Initiatives Parlncrship [StlIP] Program for waivers of Collier Connty i~npact fees: and WItF. REAS. Itabitat for Humanity of Collier County. Inc, is seeking a waiver of impact fees: anti \VILE R EAS. Habitat for l lumanity of Collier County, inc. will construct one 1'I) three-bedroom unit (the "Dwelling Unit") on Lot 22. Bullard Subdivision. hnmokalce which is proposed ~o sell for Forty-Six Thousand Five tttundrcd Dollars ($46,500.00): and WItF. REAS. 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 thc house; and V~'IIEREAS. Mr. Charles C. Smith, Vice President of ttabitat for Humanily of Collier County. Inc.. submitted to the Office of ltousing and Urban Improvemem an Affordable Housing Application dated August 6. 1998 for a waiver of impact fees for thc construction ora house on Lot 22 Bullard Subdivision. lmmokalcc. ~ copy ol'said application is on file in the Housing and Urban Improvement Department; and WItER[!AS, in accordance with Section 3.04 of thc Library System Impact Fee Ordinance, Ordinance No. 88-97. as amended: Section 4.05 o£ the Parks and Recreational Facilities lmpact Fcc 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 Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fcc - 1 - Ordinance, Ordinance No. qu;fiifying fi~r a w;Jiver: and 92-33. as amended; an applicant may obtain a waiver of impact fees by WIIEREAS. ftahitat for tlumanity of Collier (_'ounty. Inc. has qualified for an impact fcc waiver based upon the following representations made by ttabitat for llumanity of Collicr County. Inc.: A. 'file Dwelling Unit shall be sold to a first-time home buyer. B. Thc Dwelling Unit shal~ be sold to a household with a very Iow income level as that term is defined in thc Appendices to the respective Impact Fee Ordinances and tile monthly payment to purchase the unit must be within thc affordable housing guidelines established in thc Appendices Io tl~c respective hnpact Fee Ordinances. C. Thc Dwelling Unit shall be thc Homestead ortho owner. D. Thc Dv.'clling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: I. Tile [3oard of Counly Commissioners hereby authorizes the County Administrator to issue an Authorization ['or waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (I) house which shall be constructed on Lot 22 Bullard Subdivision, lmmokalce, Collier ('ounty. Florida. 2. Upon receipt by the ltousing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of thc following impact fees from tile Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (I) }louse to be built on Lot 22 Bullard Subdivision, Immokalee by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee S 180.52 [3. Road Impact Fcc 1,379.00 C. Parks and Recreational Facilities Impact Fcc: ( I ) Community Parks 399,00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee $ 1.778.0~) Total Impact Fees $ 3,929.52 - ;2 - 3. The paymcnl or' impact t'ecs by Collicr County is subjcct to thc cxccution a~d rccordation of an Agrcemcnt For Waivcr ol'Collicr County Impact Fccs bctwccn thc propcrty owncr and/or purchaser and thc County, This Resolution adopted after motion, sccoml and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk ~na~ure on/]. Approvcd ~s to ~om~ ~nd lcfii su~ficicncy: ~di F~-~Sh[on Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA jd/gm~ctbullard./reso - 3 - EXHIBIT "Ax LEGAl. DESCRIPTION - BULLARD SUBDIVISION LOT 22, BULI.ARD SUBDIVISION, ACCORDING TO THE PLAT BOOK TIlEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 4 - 0 L LA~£ lRxFroeo , ~Oxo (SR $-~$0) 2367380 OR: 2457 PG: 2752 AGREgMgNT FOR WAIVER OF COLLIER COUNTY IMPA~ FggS 16A20 33.00 7.00 This Agreement lbr tile Waiver of Impact 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 Humanity of Collier County, Inc.. hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, tire Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended, the Collier County Emergency Medical Ser¥iccs System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fcc Ordinance; and Collier County Ordinance No. 92-33. as amended, tire Collier County Educational Facilities System Impact Fcc Ordinance. as thc)' 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 of impact fees as required by thc Impact Fee Ordinance. a cop>' of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing ,waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fcc waiver shall be presented in lieu of payment of tire 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 - I - following: WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-~ at i:s regular meeting of ~Z~,~.~" / , 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of lhe foregoing recitals, the panics covenant and agree as follows: 1. RECITALS INCORPORATED. Tile foregoing recitals are tn, e and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A' and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with thc standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen {15)years commencing from the date the certificate of occupancy is issued fi~r the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the The Dwelling Unit shall be sold to a household with a ,,'er), iow income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; Thc 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 (15) years from the date the certificate of occupancy is issued for the Dxvelling Unit; and - 2 - OR: 2457 PG: 2754 16 20 c. OWNER is thc ov,'ncr of record of the Dwelling Unit and owes impact fees in thc total amount of S3,929.52 pursuant lo the Impact Fee Ordinance. In return for the waivcr of the impact fees owed by OWNER, OWNER covenants and agrees to comply with thc affordable housing impact fcc waiver qualification criteria detailed in the Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells thc Dwelling Unit subject to thc impact fcc waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households mccting thc criteria set forth in thc Impact Fcc Ordinancc. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must bc utilized ['or affordable housing for a fifteen (15) year pcriod after lhe date thc certificate of occupancy is issued: and if thc Dwelling Unit ceases lo be utilized for that purpose during such period, thc impact fccs shall bc immediately repaid to the COUNTY. 7. LIEN. 'Fhc waived impact fees shall be a lien upon thc Dwelling Unit on thc effective date of this Agreement; which lien may bc foreclosed upon in Ibc ex'chi of non-compliance with thc requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of thc Agreement requirements and fificcn (I 5) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, thc COUNTY shall, at the expense of the COUNTY. record any necessary documentation evidencing the tcrmination of the licn, including, but not limited to, a release of lien. 9. BINDING EFFECI. This Agreement shall be binding upon li~c panics 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 for the impact fees waived until said impact fees are paid in full or until thc conditions set forth in thc Impact Fcc Ordinance are satisfied. In addition, this Agreement shall mn with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. - 3 - OR: 2457 PG: 2755 I0. RECORDING. This Agreement shall be recorded by OWNER at thc expense of OWNER in the Official Records of Collier County, Florida, within fifteen ('!5) days after execution of this Agreement by thc Chairman of thc Board of County Commissioners. l 1. I)EFAUL'I'. OWNER shall be in default of this Agrccmcnt (1 } where OWNF. R Fails to comply with the affordable housing standards and qualification criteria established in thc Impact Fcc 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 In]pact Fcc Ordinance for a period of fifteen 1'15) days after notice of the violation. 12. REMEDIES. Should thc OWNER ofthe property fail to comply with the said qualification criteria for fifteen (15) days after notice ofviolation, or should OWNF. R violate any provisions of' this Agreement, the impact fees waived shall be paid in full by OWNER within th/ny (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on tile Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from thc date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or 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 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 otherwise enforced by the COUNTY bv action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. - 4 - OR: 2457 PG: 2756 16A20 IN WITNESS WHEREOF. the parties have executed this Agreement for Waiver of Impact Fees on the date and 3'ear first above written. OWNERS: HABITAT FOR ltUMANITY OF COLLIER COUNTY, INC. Charles C. Smlth,~o~ President DATED: .5~..-~/..~,...~ ~ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barb~;~ 6. ~(~r~., CJ~irrn~n 1~ Approved as to form and legal sufficiency I ~ / i~'~ ./~ ~ , ,'t)!',,.' ' '"' Heidi F. Ashton '"-' Assistant County Attorney STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before mc this ...&,e/day of //2'2.,-r c-,,. , 1998, by Charles C. Smith, Vice President of Habitat for Humanity of Coilier County, Inc. He is personally known to me. . _...,,,,-,,. ,..../f~. ~ [;:./ .... ~.~ . ...' · ;: [NO;I'ARIAL. SEAL] s, ig0dt urc o f Person Taking A cknd~l~C---;~-AT~-D-i~.l~,----- ,.. .',- ,. Name of Acknow[cdgcr Typed, Print J'd/gm/c/bullard/a grc¢ mcnt - 5 - OR: 2457 PG: 2757 16~20 EXHIBIT "A" LEGAL DESCRIPTION - BULLARD SUBDIVISION LOT 22, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. - 6 - -/ L~ .'.£ n ~o' ~/* (£x~$n~{C) *** OR: 2457 PG: 2758 *** 16~20 ., ' 16A20 RESOLUTION NO. 98- RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF LIBRARY SYSTEM IMPACT FEES. PARKS AND RECREATIONAL FACILITIES I.MPACT FEES. ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMI'ACT f:CES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE ItOUSE TO BE CONSTRUCTED BY HABITAT FOR ttUMANITY OF COLLIER COUNTY. INC., ON LOT 23, BULLARD SUBDIVISION, IMMOKALEE. WHEREAS. Collier County has recognized and attempted to address the lack of adequate and affordable housing for modcrale. Iow. and very-low income households in Ihe County and the need for creative anti innovative programs to assist in the provision of such housing by including several provisions in the Collier County Grox~th Management Plan. including: objective 1,4. policy 1.4.1; objective 1.5. policy 1.5.2, polic.v !.5.3. policy 1.5.4. policy 1,5,5. policy 1.5.6: objeclivc 1.6. policy 1.6.3: objective 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 Housing Element: anti WHEREAS, Collier ('aunt.,,' has received funding pursuant lo thc State Itousing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative (.'ode: and \VIfERF. AS. m accordance v, ith ('oilier ('otmty Ontinancc No. 93-19, thc County is authorized lo usc funding from thc State t lousing Initiatb. cs Panncrship [SHIP] Program for waivers of Collier County impact fees: and WttEREAS. tlabitat for ttumanity of Collier County, Inc. is seeking a waiver of impact fees; and \VttEREAS. I labitat for tlumanity of Collier County, Inc. will construct one I 1 ) three-bedroom unit (thc "Dwelling Unit") on Lot 23. Bullard Subdivision, Immokalee which is proposed to sell for f:orty-Six Thousand Five [tundred Dollars (S46.500.00); and WIIEREAS. ~l~c Dwelling Unit will bc purchased by a very Iow income household which is required to invest a minimum of five hundred {5OO) hours of "Sweat Equity' before il obtains title to thc hot,se: and WHEREAS. Mr. Charles C. Smith. Vice President of Habitat for Humanity of Collier County. Inc., submitted to thc Office of Ilousing and Urban Improvement an Affordable Housing Application dated August 6. 199g for a waiver of impact fees for the construction of a house on Lot 23 Bullard Subdivision, lmmokalec, a copy of said application is on file in thc ttousing and Urban Improvement Department; and WIIEREAS. in accordance with Section 3.04 of thc Library System Impact Fee Ordinance. Ordinance No..q8-97. as amended; Section 4.05 of thc Parks and Recreational Facilities Impact Fcc 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 Services System Impact Fee Ordinance, Ordinance No. 91-71. as amended: and Section 3.05 of Iht Educational Facilities System Impact Fcc - I - 16A20 . Ordinance. Ordinance Xo. <~2-33. as amendcd; an applicant may obtain a waiver of impact fees by quali£ying for a ~vaivcr: and WItEREAS, IIabitat for Humanity of Collier County, inc. has qualified for an impact fee waiver based upon the following representations made by Habilat for tlumanity of Collier County, Inc.: A. 'Fhe Dwelling Unit shall be sold to a first-time home buyer. B. 'thc Dwelling Unit shall be sold to a household with a ','eD' Iow income level as that tcrn~ is defined in the Appendices to thc respective Impact Fee Ordinances and Ire monthly paymenl tn purchase thc unit must be within thc affordable housing guidelines cstablishcd in the Appendices to the respective Impact Fcc Ordinances. C.Thc Dwelling Unit shall bc thc Homestead ortho owner. D. Ibc Dwelling Unit shall remain affordable for fifteen {15) ycars from the datc the certificate of occupancy is issued. NOW '[[tEREFORE. BE IT RESOI.VED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIt:~R COUN'FY. FI.ORIDA. that: I. The Board of Count), Commissioners hereby authorizes the County Administrator lo issue an Authorization for waiver of impact fees Io Habitat for Humanity of Collier County, Inc. for one (I) house which shall be constructed on Lot 23 Bullard Subdivision, Immokalcc, Collier Count.','. Florida. 2. Upon receipt by the }lousing and Urban Improvement Director of an agreement for v,'aiver of impact fees signed by Habitat for Humanity of Collier County, Inc.. and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of Ihe following impact fees from the Affordable llousing Trust Fund, Fund (191), in the following amounts for the one (11 house to be built on Lot 23 Bullard Subdivision, Immokalee by Habitat for t lumanity of Collier County, Inc.: :\. [.ibraD' Impact Fcc $ 180.52 B. Road Impact Fcc 1,379.00 C. Parks and Recreational Facilities Impact Fee: ( I ) Community Parks 399.00 {2) Regional Parks 179.00 D. }-;,'vis Impact Fee 14.00 E. Educational Facilities System Impact Fcc S 1.778.0Q Total Impact Fees $ 3,929.52 - 2 - 16A20 . 3. Thc payment of impact fees by Collier County is subject to thc execution and recordation of an Agreement for Wai~,cr of Collier County Impact Fees between the property owner and/or purchaser and the County. This Resolution adopted after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficient:y: Hcidi F. Ashlon Assistant Count}' Allomey jWgm~c~l~ullard'reso - 3 - EXHIBIT "A" I.EGAL DESCRIPTION - BULLARD SUBDIVISION I.OT 23, BUI.I.ARD SUBDIVISION, ACCORDING TO THE PLAT BOOK TtlEREOF, AS RECORDED 1N PLAT BOOK 27, AT PAGES 76 AND 77, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 4 - i6A20~ I ~o' r/w ClOSet) .... 2367381 OR: 2457 PG: 2759 1 6 A 2 0 CLill TO ?B! BOARD RiCOROID ill the O~IClll, IlCOIO$ o~ CO~IIR CO~, ~ SIT 7240 UC FU 33.00 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES C0MIS 1,00 This Agreement for the Waiver of Impact Fees entered into this/_..'S~tay of,~.2~_ 1998, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc.. hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact 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, the Collier County Road Impact Fcc Ordinance; and Collier County Ordinance No. 92-33. as amended, tile Collier County Educational Facilities System Impact Fee 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 WItEREAS, OWNER has applied for 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 tile 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, thc impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of ali criteria in the Impact Fee Ordinance qualifying thc project as eligible for an impact fee waiver; and - 1 - I ,. OR: 2457 PG: 2760 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied 6 0 J. Resolution No. 98- ~p"D~ at its regular meeting of ~ ,/ ,1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with thc COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the panics covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPIION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with thc standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen ¢15) vcars commencing from the date the certificate of occupancy is issued for the D~vclling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and wammts thc following: The Dwelling Unit shall be sold ~o a household with a very Iow income as defined in the appendices ~o the lmpac! Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; 'Fhe 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 - 2 - c. OWNER is thc owner of record of the Dwelling Unit and owes impact fees in the total amount of S3,929.52 pursuant ltl the Impact Fcc Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if thc Dwelling Unit ceases to be utilized for that purpose during such period, tlac impact fees shall be immediately repaid to the COUNTY. 7. [AEN. The waived impact fees shall be a lien upon thc Dwelling Unit on thc effecti¥c date of this Agreement; which lien may be foreclosed upon in Ibc event of non-compliance with the requirements of this Agreement. 8. REt. EASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (I 5) years after the date of issuance of the certificate of occupancy, or upon payment of thc waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any neccssaD' 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 until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. - 3 OR: 2457 PG: 2762 16 20 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of{he Board of County Commissioners. 11. DEFAULT. OWNER shall be in default ofthis Agreement (1) where OWNER fails to comply with the affordable housing standards and qualification criteria established in tile Impact Fcc 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 ofthe violation. 12. REMEDIES. Should thc OWNER ofthc property fail to comply with the said qualification criteria for fifteen (15) days after notice ofviolation, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full 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 the effective {late 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 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 thc lien of any such County taxes. Should the OWNER be in default of this Agreement and thc 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 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 fees and costs, including attorneys fees, incurred by tile Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. - 4 - OR: IN WITNESS WHEREOF, the parties have executed Impact Fees on the date and year first above written. Witnesses:,~ /' /? ~ ~rint N,~m; OONALO R'~EOCK,o'. - /. OWNERS: this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Charles C. smi(~h~ic~Presidcnt DATED: ATTEST: DWIGHT E. BROCK, Clerk signature on].~; Approved as to Form and legal sufficiency _ .._ fleidi F'.-A'shton ' ' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF Floridit ) COUNTY OF Collier ) The foregoing instrument was acknowledged before mc this .,.~ day of ..,'~,,--~_. by Charles C. Smith, known to me. [NOTARIAL SEAL] jd/grr~croullard/agreement , 1998, Vice President of Habitat for Humanity of Collier County, Inc. He is personally _,~a' ' ,~'/,,._,, Si~ature~' of Person T~king '- V . Name of Acknowledger T~cd, Printed or 16 20 EXHIBIT "A" LEGAL DESCRIPTION - BULLARD SUBDIVISION LOT 23, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - -/ B %:) ,= __1 ' iI- II II I' , I, L_ *** OR: 2457 PG: 2765 *** 16~20 RESOLUTION NO. 98- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AUTHORIZING WAIVER OF LIBRARY SYSTEM IMPACT FEES. PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE }lOUSE TO BE CONSTRUCTED BY ttABITAT FOR I-tUMANITY OF COLLIER COUNTY. INC., ON LOT 24, BULLARD SUBDIVISION. IMMOKALEE. WHEREAS. Collier County has recognized and attempted to address the lack of adeqt,ate and affordable housing %r moderate. Iow. ami ,,'eD'-low income households in the County and the need for creative and innovative programs 1o assist in the provision of such housing by including several provisions in tile Collier County Growth Management Plan. including: objective 1.4, policy 1,4. I; objective 1.5, policy 1.5.2. policy 1.5.3. policy 1.5.4. policy 1.5.5. policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2. I. I, policy 2. 1.2. policy 2.1.3. policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS. Collier County has received funding pursuant Io tile State }lousing Initiatives Partnership Program set forth in Section 420.907 et. seq,. Florida Statutes and Chapter 91-37. Florida Administrative Code; and WHEREAS. in accordance with Collier County Ordinance No. 93-19. the County is authorized to use funding from the State ffousing Initiatives Partnership [SHIP} Program for waivers of Collier County impact fees; and WHEREAS. Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, ltabitat for Humanity of Collier County. Inc. will construct one (I) three-bedroom unit (the "Dwelling Unit"} on Lot 24. Bullard Subdivision. Immokalee which is proposed to sell for Forly-Six Thousand Five Hundred Dollars ($46.500.fg)); and WHEREAS, 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 lille to the house; and WHF. REAS. Mr. Charles C. Smith, Vice Presidenl of tlabitat for Humanity of Collier County. Inc., submitted Io the Office of Housing and Urban Improvement an Affordable Housing Application daled August 6. 1998 for a waiver of impact fees for the construction ora house on Lot 24 Bullard Subdivision, Immokalce, a cop.',' of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97. as amended; Section 4.05 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 Emergency Medical Sm'ices System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee - I - Ordinance. Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver: and WttEREAS. Ilabitat for Humanity of Collier County, Inc. has qualified for an impact fcc waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. Thc Dwelling t. lnit shall be sold to a first-time home buyer. B. ]'he Dwelling Unit shall be sold to a household with a very Iow income level as that term is defined in thc Appendices to thc respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within thc affordable housing guidelines established in the Appendices to the respective hnpact Fee Ordinances. C. The Dwelling Unit shall be the Homestead ofthe owner. D. The Dwelling Uni~ shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: I. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one il) house which shall be constructed on Lot 24 Bullard Subdivision, Immokalee, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director oran agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 24 Bullard Subdivision, lmmokalce by Habitat for Humanity of Collier County, Inc.: A. loibrary Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks 399.00 12) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee S 1.778.00 Total Impact Fees S 3,929.52 - 2 - i6A20 3. The payment ofimpact fees by Collier County is subject to the execution and recordation of an Agreement for Waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. This Resolution adopted after motion, second and majority vote favoring same. DATEO: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: He,dj Fi Ash(on Assistant County Attorney jd/gm/c/bullard'rcso - 3 - EXIIIBIT LEGAl, DESCRIPTION - BULLARD SUBDIVISION LOT 24, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK TtIEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76 AND 77, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. l~A201. .! Z ,~_ i~- -~w--, I I ,I ~_. 2367382 OR: 2457 PG: 2766 IITliOll[CI 4TH ELOOR 09/03/98 at I0:33~ DIIGHT l. BROCK, CLIll AG~M~T FO~ WAIV~ OF COLLIKR COU~TV IMP~CT F~S 16 20 llC 1~11 3.t,00 COPII$ 7.00 This Agreement for the Waiver of Impact Fees entered into this,~'_ day of_.,.c~./,t~. 1998, by and / between the Board of County Commissioners of Collier County. Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc.. hereinafter referred to as "O\VNER." W l T N ES S ET tt: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library. System Impact Fee Ordinance; Collier Courtly Ordinance No. 88-96, as amended, thc Collier Count.,.' Parks and Recreational Facilities Impact Fee Ordinance: (';oilier CounLv Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System hnpact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be fi;rlher 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 of impact fees as required by the Impact Fee Ordinance. a copy of said app!ication being on file in the office of ltousing and Urban Improvement; and WfIEREAS. the County Administrator or his designee ha~ reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying *,i~e project as eligible for an impact fee waiver; and - 1 - OR: 2457 PGi 0 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98- ..~',6/at its regular meeting of...~~,~/_o,~. / , 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW. THEREFORE, in consideration of the fore agree as follows: 1. recitals, Iht parties covenant and accordance with the standards set £onh in thc appendices to the Impact Fee Ordinance 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. OWNER represents and xvarrants thc RECITALS INCORPORATED. The foregoing recitals arc true and correct and shall be incorporated by reference herein. LEGAL DESCRIPTION. The legal description of thc dwelling unit (thc "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in il. 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 DweIling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; 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 (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and following: bo C. d. - 2 - OR: 2457 PG: 2768 16 20 c. OWNER ,s thc owncr of rccord of thc Dwclling Unit and owcs impact fees in thc total amount of S3,929.52 pursuant to thc Impact Fcc Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells thc Dwelling Unit subject to thc impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized For affordable housing for a fifteen (15) year period after the date thc certificate of occupancy is issued; and if the Dwelling Unit ceases to bc utilized for that purpose during such period, the impact fees shall be immediately repaid to thc COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of' this Agreement; which lien may be foreclosed upon in the event of non-compliance with thc requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of thc Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of' the waived impact fccs, thc COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing thc termination of thc 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 represcntativi~, successors and assigns. In the case of sale or transfer by gift of thc Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. - 3 - OR: 2457 PG: 2769 16 20 I0. RECORDING. This Agreement shall be recorded bv OWNER at thc expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman ofthe Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of his Agreement (I) where OWNER fails to comply with the affordable housing standards and qt tfication criteria established in the Impact Fcc Ordinance and thereafter fails to pay the impa~ fees duc within thirty (30) days of said non-compliance, or (2) where OWNER violates one of; he affordable housing q~mlification criteria in thc Impact Fcc Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should thc OWNER of the property fail to comply with thc said to qualification criteria for fifteen (I 5) days after notice of violl n, or should OWNER violate any provisions of this Agreement, thc impact fees waived shal~e paid in full bv OWNER within thirty (30) days of said non-compliance. OWNER agree~l~at~ the impact fccs waived shi. lll constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) )'ears from the date of issuance of the certificnte of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, morlgagee, 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 cttred 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 foreclosed or other.vise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for .judgments calculated on a calendar day basis until paid. - 4 - IN WITNESS WHEREOF, the parties have Impact Fees on the date and year first above written. ,~fint Name. ~'~ ~ ~ ¢- .fi)o ~.3 ~ exe this Agreement 2457 PG: 2770 16420 for Waivcr of OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. [Charles DATED:. ~ >/,~? ATTEST: DWIGHT E. BROCK, Clerk ~.Attest ~a/s to Chairman's signature on13. Approved as,to form and legal sufficiency Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA STATE OF Florid~ ) COUNTY OF Collicr ) The foregoing instrument was acknowledged before me this ~ day of ~o&, ,1998, by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Sig,n~lUre of Person Taking Acknff~dedg.&,,~ - .. g yp jd/gm/c/bullardYagreement - 5 - OR: 2457 PG: 2771 16A20 EXHIBIT "A" LEGAL DESCRIPTION - BULLARD SUBDIVISION LOT 24, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. z L/-<E '~p~..rro,oo ~:,"D (5R $-850) OR: 2457 PG: 2772 16~20 0 0 ~.~ ;.2 RESOLUTION ~0. 98- 3q-~' ]6A20 RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES. RO,aD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 25. BULLARD SUBDIVISION, IMMOKALEE. WHEREAS. Collier County has recognized and attempted to address the lack of adequate and aftbrdable housing for moderate, Iow, and vcry-lov,, income households in Ihe Counly and the need for creative and innovalivc programs to assisl in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4. I; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4. policy 1.5.5. policy !.5.6; objective 1.6, policy 1.6.3; objective 2. I, policy 2. I. I, policy 2.1.2, policy 2.1.3. policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS. ('oilier County has received funding pursuant Io the State Housing Initiatives Partnership Program set forlh in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code: and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS. Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS. ttabitat for Humanity of Collier County, Inc. will construct one i'I) three-bedroom unit (the "Dwelling Unit") on kot 25, Bullard Subdivision, Immokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars (S46,500.00); and WftEREAS, 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 WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to thc Office of ttousing and Urban Improvement an Affordable Housing Application dated August 6. 1998 for a waiver of impact fees for the construction ora house on Lot 25 Bullard Subdivision, hnmokalcc, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance v,'ith Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 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 Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71. as amended; and Section 3.05 of the Educational Facilities System Impact Fee - 1_ - 16A20 Ordinance, Ordinance No. 02-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and WHEREAS, Habitat for Humanity of Collier County, inc. has qualified for an impact fee waiver based upon thc following representations made by Habitat for Humanity of Collier County, Inc.: A. Thc Dwelling Unit shal' be sold to a first-time home buyer. B. Thc Dwelling Unit shall be sold to a household with a very Iow income level as that term is defined in thc Appendices to thc respective Impact Fcc Ordinances and the monthly payment to purchase thc unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C.The Dwelling Unit shall be the Homestead oflhe owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 25 Bullard Subdivision, lmmokalee, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County AItomey, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from thc Affordable Housing Trust Fund, Fund (191), in the following amounts for the one I'l) house to be buil; on Lot 25 Bullard Subdivision, lmmokalee by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: ( 1 ) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee $ 1.778.O0 $ 3,929.52 Total Impact Fees I6A20 3. Thc paymcnt of impact fees by Collier County is subject to the execution and recordation of an Agrccmcnt for Waivcr of Collicr County Impact Fees between the property owner and/or purchascr and the County. This Resolution adopted after molion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA signature only. B~ B. ~c-n~,Cha~-~l'man ~- ~ Approved as to form and legal sufficiency: Hcidi F. Asht~n Assistant County Attorney jd/gm/c/bu I la rd/reso - 3 - EXIilBIT"A' LEGAl. DESCRIPTION - BULLARD SUBDIVISION LOT 25, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK TtlEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 4 - I I 0 0 c~ c~ 0 CJ I ; 2367383 OR: 2457 PG: 2773 CLIII TO TItl BOIID [leOPOlD in the 0[llCI~ U~J 0f COL[Ill CO~, ~[ IITIIOUICI 4T~ ~o0l 0g/03/~l at I0:33~ DWIG~ I. BR0Cl, C~l[l ~lT 7240 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES 16A20 U¢/11 33.0. COHI$ 7. Oi This Agreement for thc Waiver of Impact Fees entered into this/_.'~ay of __ .~,,~, 1998, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County. Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, thc Collier County Library. System h'npact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the ColtJer Count),' Parks and Recreational Facilities Impact Fee Ordinance: Collier County Ordinance No. 91-71. as amended, thc Collier County Emergency Medical Sen'ices System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, thc Collier County Educational Facilities System Impact Fee 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 of impact fees as required by the Impact Fee Ordinance, a copy of said apphcation being on file in thc office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS. the impact 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 - OR: 2457 PGi 0 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98- ..~,5~__'at it., regular meeting of _. -'.f~~ / , 1998; and / WttEREAS, thc hnpact Fcc Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of lbo foregoing recitals, the panics covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. LEGAl. I)ESCRII'TION. Thc legal description of tile dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with the standards set forth in the appendices "-to thc Impact Fcc Ordinance for a period of fifteen (15) years commencing l?om the date the eemficate of occupancy is issued the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. folloxving: tER represents and warrants the The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to thc Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within thc affordable housing guidelines establisl~ed in the appendices to the Impact Fee Ordinance; Tile Dwelling Unit shall be sold to a fi Tile Dwelling Unit shall be the homl The Dwelling Unit shall remain as years from the date the certificate of, Unit; and home buyer; of owner; housing for fifteen (15) is issued for the Dwelling - 2 - OR: 2457 PG: 2775 16 20 c. OWNER is thc o~vncr of rccord of the Dwclling Unit and owes impact fees in thc total amount of $3,929.52 pursuant to thc Impact Fcc Ordinance. In return for thc waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with thc affordable housing hnpact t~¢ waiver qualification criteria detailed in thc Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to thc impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fcc Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15))'car period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in thc event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of thc Agreement requirements and ill'teen (15) >'cars after the date of issuance of the certificate of occupancy, or upon payment of thc waived impact fees, the COUNTY shall, at the expense of the COUNT',', record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. lhis 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 for the impact fees waived until said impact fees are paid in full or until thc conditions set forth in the Impact Ordinance are satisfied. In addition, this Agreement shall mn with the land and shall rem~ lien against the Dwelling Unit until the provisions of Section 8 are satisfied. - 3 - 16A20: RESOLUTION NO. 95- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA. AUTtlORIZING WAIVER OF LIBRARY SY~TE.M IMPACT FEES. PARKS AND RECREATIONAl. FACILITIES I.MPACT FEES. ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACII.ITIES SYSTEM IMPACT FEES FOR ONE ItOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 26, BULLARD SUBDIVISION, IMMOKALEE. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, Iow, and vcry.-Iow income households in thc County and thc need for creative and innovative programs to assist in the provision of such housing by including several provisions in thc Collier County Growth Management Plan. including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2. 1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to Ihe State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37. Florida Administrative Code; and WHEREAS. in accordance with Collier County Ordinance No. 93-I 9, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, tlabitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS. liabita! for Humanity of Collier County, Inc. will construct one ( I ) three-bedroom unit (the "Dwelling L;nit"l on I.ot 26. Bullard Subdivision. Immokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars (S46,500.00); and \VtIEREAS. 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 WHEREAS. Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated August 6, 1998 for a waiver of impact fees for the construction ora house on Lot 26 Bullard Subdivision, Immokalee. a copy of said ~,pplication is on file in the Housing and Urban Improvement Department; and WItEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 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 Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71. as amended; and Section 3.05 of the Educational Facilities System Impact Fee - 1 - Ordinance. Ordinance No. ~)2-33. as amended; an applicant may oblain qualifyin~ for a waiver; and 2 0 a waiver of impact fees by WHEREAS. tlabitat for ltumanity of Collier County. inc. has qualified for an impact fee waiver based upon thc follov,'ing representations made by Habitat for Humanity of Collier County. Inc.: A. ~l'hc Dv.'cliing Unit shall be sold to a first-time home buyer. B. Thc l)v, clling t;mt shad bc sold to a household xvith a very Iow income level as that tem~ is defined in the Appendices to thc respective Impact Fee Ordinances and ti~c monthly payment t~ purchase Ibc unit must be within thc affordable housing guidelines cslablishcd in the Appendices to thc respective Impact Fee Ordinances. C. The Dwelling [_,;nit shall be thc tlomestead ofthe owner. D. The D'~,.elling Unit shall remain affordable for fifteen (15) years from thc date thc certificate ofoccup;mcy is issued. NOW TItEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FI,ORIDA. that: 1. Thc Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County. inc. for one (1) house which shall be constructed on Lot 26 Bullard Subdivision. Immokalec, Collier County. Florida. 2. Upon receipt by thc tIousing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County. Inc.. and/or thc purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable l lousing Trust Fund. Fund (191). in the following amounts for the one (1) house to be built on Lot 26 Bullard Subdivision, Immokalee by tlabitat for l tumanity of Collier County. Inc.: A. Library Impact Fcc S 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks 399.00 (2) Regional Parks 179.OO D. EMS Impact Fcc 14.OO E. Educational Facilities System Impact Fee S 1.778.OO Total Impact Fees S 3,929.52 - 2 - 3. Thc paymcn! of impact fees by Collier County is subject to thc cxecution and recordation of an Agreement for Waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. This Resolution adopted after motion, second and majority vote favoring same. DATED:.~'~f ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Hcidi F. Ashton Assistant County Attorney jd'gngc/bu I la rd'rcso EXIIlBIT I,EGAI, DESCRIPTION - BULLARD SUBDIVISION I,OT 26, BULLARD SUBDIVISION, ACCORDING TO Tile PLAT BOOK TIIEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76 AND 77, OF TIlE PUBI.IC RECORDS OF COLLIER COUNTY, FI,ORIDA. - 4 - ROAD ,,=,: 2367384 OR: 2457 PG: 2780 I~IROF~IC~ 4~ ~00~ 09/03/~ at 10:33M D~IG~ i. BIOCI, AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES C01ql$ 16A20 This Agreement for tile Waiver of Impact 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 l labitat for Humanity of Collier County, inc.. 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. 88-96. as amendecl, thc Collier County Parks and Recreational Facilities Impact Fcc Ordinance; Collier County Ordinance No. 91-71. as amended, thc Collier County Emergency Medical Sen'ices System Impact Fee Ordinance: Collier County Ordinance No. 92-22. as amended, thc Collier County Road Impact Fcc Ordinance; and Collier County Ordinance No. 92-33. as amended, the Collier County Educational Facilities System impact Fee 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, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies xvith 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 thc project as eligible for an impact fee waiver; and - 1 - OR: 2457 0 WIIEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolt, tion No. 98-_f~ at its regular meeting of ,,.~y,aT'_ ~ , 1998; and WHEREAS, thc impact Fcc Ordinance requires that thc OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the panics covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals arc tn, e and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (thc "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. O~,¥WER agrees that the Dwelling Unit shall remain as affordable housing in accordance with thc standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (I 5) years commencing from the date the certificate of occupancy is issued for thc Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead ofowner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and - 2 - OR: 2457 PG: 2782 16 20 c. OWNER ;s the owner of record of thc Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. in return for the waiver of thc impact fees owed by OWNER, OWNER covenants and agrees to comply with thc affordable housing impact fee waiver qualification criteria detailed in thc impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to tile impact fcc waiver to a subsequent pttrchascr, the Dwelling Unit shall be sold only to households meeting tile criteria set forth in thc Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date thc certificate of occupancy is issucd; and if thc Dwelling Unit ceases to be utilized for that purpose during such period, thc impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on thc 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 thc Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the 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 respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. - 3 - OR: 2457 PG: 2783 16A20 10. RECORDING. This Agreement shall be recorded by OWNER at thc expense of OWNER in thc Official Records of Collier County, Florida, within fifteen (15) (lays after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to comply with the affordable housing standards and qualification criteria established in the Impact Fcc Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) ,,,,'here OWNER violates one of thc affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the properly fail to comply with the said qualification criteria for fifteen (I 5) days after notice of violation, 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 thc impact fees waived shall constitute a lien on thc Dwelling Unit commencing on the effective date of this Agreement and continuing for fi ficen (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, 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 default of this Agreement and the 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 othenvise 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. Thc Board shall be entitled to recover ali fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at thc statutory rate for judgments calculated on a calendar day basis until paid. - 4 - OR: 2457 PG: 2784 i6 20 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. W ss ', ~ ; / OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY. INC. /-Charles C. Smat~,v me Pre'dent DATED: 77-.-;5//' ATTEST: DWIGHT E. BROCK, Clerk ~ttest a~ to ,?hatrma~'s $~gnatur'e only. Approved as to form and legal su ~cicncy Heidi F. As~ton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barb~ B-.'B'-~r~', Cha"~rrnan~- ~"~ STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this o29' day of by Charles C. Smith, known to me. [NOTARIAL SEAL] '.=. ,Ikl/gm/croullard/agreement ,'~q ~ ,1998, Vice President of Habitat for Humanity of Collier County, Inc. He is personally >,.,,,._.. ..... ................. Sig3a(ure of Person Taking Ackno~;n5 Name o[ AcKnowmager T~ea, - 5 - OR: 2457 PG: 2785 16~20 EXHIBIT "A" LEGAL DESCRIPTION - BULLARD SUBDIVISION LOT 26, BULLARD SUBDIVISION, ACCORDING TO THE PI.AT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - .? I ~.o~ ($,~ s-ar, o) so' m/,, (CX~ST, NG) ~-. *** OR: 245'/?G: 2786 *** 16A20 RESOLUTION NO. 98- RESOLU'FION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES. ROAD IMPACT FEES. EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.. ON LOT 27, BULLARD SUBDIVISION. IMMOKALEE. W}tEREAS. Collier County has recognized and attempted Io address the lack of adequate and affordable housing for moderate. Iov,', 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 thc Collier County Grov,'th Management Plan. including: objective 1.4, policy 1.4.1: objective 1.5. policy i.5.2, policy 1.5.3. policy 1.5.4. policy 1.5.5. policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1. I, policy 2.1.2. policy 2.1.3. policy 2.1.5. and policy 2.1.6 of the Housing Element: and WItEREAS. ('oilier County has received funding pursuant lo thc State llousing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37. Florida Administrative ("ode; and WHEREAS. in accordance with Collier County Ordinance No. 93-19, Ihe County is author/zed to use funding from the State }lousing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS. Habitat for Humanity of Collier County, inc. is seeking a waiver of impact fees; and WItEREAS. tlabitat for ftumanity of Collier County. Inc. will construct one ( I ) three-bedroom unit ('thc "Dwelling Unit"} on l.ot 27. Bullard Subdivision, Immokalee which is proposed to sell for Forly-Six Thousand Five ftundred Dollars ($46,500.C0); and WHEREAS. the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to Ibc house; and WHEREAS. Mr. Charles C. Smith. Vice President of ltabital for Humanity of Collier Cotmty, Inc., submitted to thc OFfice of }lousing and Urban Improvement an Affordable Housing Application dated August 6, 1998 for a waiver of impact fees for thc construction ora house on Lot 27 Bullard Subdivision, Immokalee. a cop.',' of said application is on file in thc Housing and Urban Improvement Department; and WIfEREAS, in accordance with 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 thc Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71. as amended; and Section 3.05 of the Educational Facilities System Impact Fee - ! - Ordinance. Ordinance No. 92-33. as amended; an qualifying for a waiver: and applicant I6A20 may obtain a waiver of impact fees by WHEREAS. Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon thc following representations made by Habitat for Humanity of Collier County, Inc.: A. ]''he Dwelling Unit shall be sold to a first-time home buyer. B. /he Dwelling Unit shall he sold to a household with a very tow income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelir, es established in thc Appendices to thc respective Impact Fee Ordinances. C. Thc Dwelling Unit shall be thc Homestead ofthe owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW TttEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Thc Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to llabitat for Humanity of Collier County, Inc. for one ~'l) house which shall be constructed on Lot 27 Bullard Subdivision, Immokalce, ('oilier County, Horida. 2. Upon receipt by thc tlousing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable Io the County Attorney, thc Board of County Commission(rs hereby authorizes the payment by Collier County of the following impact fees from tile Affordable Housing Trust Fund. Fund (191), in the following amounts for the one ('t) house to be built on Lot 27 Bullard Subdivision, Immokalee by Habitat for l iumanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee !,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks 399.00 /2) Regional Parks 179.OO D. [']MS Impact Fee 14.00 F.. Educational Facilities System Impact Fee S 1.778.OO Total Impact Fees S 3,929.52 - 2 - 3. Thc payment of impact fccs by Collier County is subject to thc execution and r,:cordation of an Agreement for Waiver of Collier County Impact Fees between the property owner and/or purchaser and thc County. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: Hcidi F. Ashton Assistant County Altomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bar~ B-.~31.Chai'h'nan \ ~ jd/gm'c bullard reso - 3 - EXilIBIT LEGAL DESCRIPTION - BULLARD SUBDIVISION LOT 27, BULLARD SUBDIVISION, ACCORDING TO TIlE PLAT BOOK TttEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76 AND 77, OF Tile PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 4 - 16A20~ L~X£ · m~rc).o · ~OA3 (SR S-BSO) ,,t,: 2367385 OR: 2457 PG: 2787 CLI~£ YO YR! BOAID il¢OiOll) in ~he O{~IClAL ilCORD$ of CO~LIII COUI?Y, ~ II?llO~llCl ITl{ IL001 09/03/}1 at 10:33AM DWI~? I. BE0Cl, trill lit 7240 AGREEMENT FOR WA{VER OF COLLIER COUNTY IMPACT FEES COPIB$ 7.00 16/ 20 This Agrccmcnt for thc Waiver of Impact Fees entered into this/_.J'~lay of~i""- . 998, by. and bctwccn thc Board of County Commissioners of'Collier County, Florida. hereinafter rcfcrrcd to as "COUNTY" and Habitat For t.{umanity of Collicr Count>', Inc., hcrcinaftcr referred to as "OWNER." W l T N E S S ET H: %Vt{EREAS, Collicr County Ordinance No. 88-97, as amended, thc Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, thc Collier Count,,' Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended, tim Collier Count>' Emergency Medical Services System Impact Fcc Ordinance: Collier County Ordinance No. 92-22. as amended, thc Collicr County Road Impact Fcc Ordinance; and Collier County Ordinance No. 92-33, as amended, thc Collier County Educational Facilities Systcm Impact Fee Ordinance, as they may be fimhcr amcndcd from time to time hereinafter collectively referred to as "Impact Fcc Ordinance", provide for waivers of impact fccs for new owner-occupied dwelling unit qualifying as affordable housing: and WHEREAS. OWNER has applied for a v,'aiver of impact fees as required by the Impact Fee Ordinance. a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS. the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - ! - WHEREAS, tiaa COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98- .5'9,? at its regular meeting of .~.~,~.,,// ,1998; and WHEREAS, the Impact Fcc Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals arc true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. Thc legal description of the dwelling unit (the "D~vciling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with the standards set forth in the appendices to thc Impact Fcc Ordinance 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. OWNER represents and wammts the following: il. The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to thc Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in thc appendices to the Impact Fee Ordinance; 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 (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and - 2 - OR: 2457 PG: 2789 16 20 e. OW'NER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the impact Fcc Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fcc wai','er to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if thc Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to thc 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 be foreclosed upon in thc event of non-compliance with the requirements of this Agreement. 8. REI_.EASE OF LIEN. Upon satisfactory completion of thc Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of thc 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 of lien. 9. BINDING EFFECT. This Agrccmcnt shall be binding upon thc parties lo this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of thc Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. - 3 - OR: 2457 PG: 2790 16/ 20 I0. RECORDING. This Agreement shall be recorded by OWNER at thc expense of OWNER in thc Official Records of Collier County, Florida, within fifteen (15) days aftcr execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to comply with thc affordable housing standards and qualification criteria established in thc Impact Fee Ordinance and thereafter fails to pay tile impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in thc Impact Fcc Ordinance for a period of fifteen { 15) days after notice of the violation. 12. REMEDIES. Should the OWNER ofthe property fail to comply with thc said qualification criteria for fifteen (! 5j days after notice of violation, or should OWNER violate any provisions of this Agreement. thc impact fees waived shall be paid in ft~ll by OWNER within thirty (30) davs of said non-compliance. OWNER agrees that thc impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance ofthe certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest 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 the OWNER be in default of this Agreement and the 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 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 fight or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attomcys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. - 4 - IN WITNESS WHERECF, the parties have Impact Fees on the date and year first above written. OR: 2457 PG: 2791 16~20 executed this Agreement for Waiver of OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. ~aae; c.'S'rnith~)Vic_~re~ident DATED: ATTEST: DWIGHT E. BROCK, Clerk .-/z.,- ..Z .:_-.-s~-_?v'. ''?' /. . / . / ., vi." attest as to Cha tr~an's s tgnat,re on Approved as to form and legal sufficiency ? ' "c, ,; ' J ..i. Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barb-~ B.'Berry, Ch~)'rrnan~-~-&~ STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this -9-9/ day of by Charles C. Smith, known to me. [NOTARIAL SEAL] ,.'~ ,6. ,1998, Vice President of Habitat for Humanity of Collier County, Inc. He is personally Sig~ure of Person Taking Ackrt~l~nt2°mnu~/~o°n~rs~v,2 I Name of Acknowledger Typed, Printed or Stamped .id/gm/cPoullard/agreement - 5 - OR: 2457 PG: 2792 16A20 EXHIBIT "A" LEGAL DESCRIPTION - BULLARD SUBDIVISION LOT 27, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - -/ 1 OR: 2457 o o ._2 °-4 .'"4 OD PG: 2793 *** 16A20 RESOLUTION NO. 98- ~_~a RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA. AUTHORIZING WAIVER OF LIBRARY SYS'FEM IMPACT FEES. PARKS AND RECREATIONAL FACILITIES IMPACT FEES. ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY. INC., ON LOT 28, BULLARD SUBDIVISION. IMMOKALEE. WHEREAS. Collier County has recognized and altcmpted lo addrcss thc lack of adcquatc and affordable housing for moderate, low. and very-low income households in thc County and thc need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3. policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1. I, policy 2.1.2. policy 2.1.3. policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS. Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth m Section 420.907 ct. sca... Florida Statutes and Chapter 91-37. Florida Administrative Code; and WltEREAS. in accordance with Collier County Ordinance No. 93-19, thc County is authorized to usc funding from the State i lousing Initiatives Pannership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS. Habitat for Humanity of Collier County. inc. is seeking a waiver of impact fees; and WHEREAS. Habitat for Humanity of Co[tier County, Inc. will construct one (I) three-bedroom unit (thc "Dwelling Unit") on l.ot 28. Bullard Subdivision. Immokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars (S46.500.00); and WHEREAS. 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 WHEREAS. Mr. Charles C. Smith. Vice President of Habitat for Humanity of Collier County. Inc., submitted to thc Office of [lousing and Urban Improvement an Affordable Housing Application dated August 6. 1998 for a waiver of impact fees for the construction of a house on Lot 28 Bullard Subdivision, lmmokalee, a cop,',' of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96. as amended; Section 3.04 of the Road Impact Fcc Ordinance, Ordinance No. 92-22, as amended: Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee - i - Ordinance. Ordinance ~o. 92-3~, ~s amended; an applicant m~y obt~i~ ~ wai~m' oF impact Fees by qualifying For a waiver: and WHEREAS. Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Itabitat for Humanity oFCollier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. Thc Dwelling Unit shal~ be sold to a household with a very Iow income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. I-Irc Dwelling Unit shall be the ltomestead ortho owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from thc date the certificate of occupancy is issued. NOW THEREFORE. BE I1 RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN],Y, FLORIDA, that: 1. The Board of County Commissioners hereby authorizc~ the County Administrator to issue an Authorization for waiver of impact Fees to Habitat for Humanity of Collier County, Inc. for one (I) house which shall be constructed on Lot 28 BuHard Subdivision, Immokalce, Collier County. Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agrccmcnt for waiver of impact fees signed by Itabitat for Humanity of Collier County, Inc., and/or thc purchaser, or other documentation acceptable lo thc County Attorney, thc Board of County Commissioners hereby authorizcs thc payment by Collier County of thc Following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 28 Bullard Subdivision, Immokalec by Habitat for [ tumanity o f Collier County, Inc.: A, Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: ~ I I Community Parks 399.00 12) Regional Parks ! 79,00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 5; 1.778.00 Total Impact Fees $ 3,929.52 - 2 - 3. The paymcnt of impact fees by Collier County is subject to the execution and recordation of an Agreement for Waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. This Resolution adopted after motion, second and majority vote favoring same. ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ! · Attes~ a~ to Chalr~n's 's fgnature on l.~. Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney jd/gm/c,~oullard/r eso - 3 - EXHIBIT "A" LEGAL DESCRIPTION - BULLARD SUBDIVISION LOT 28, BUI.LARD SUBDIVISION, ACCORDING TO THE PLAT BOOK TtlEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 7tl AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 4 - " 16A20~ .! 0 0 ~J 0 I 2367386 OR: 2457 PG: 2794 .¢., s.oo 09/03/98 a~ 10:33~ D~IG~ I. BROCK, CLIEI ~ ~ AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES ~. 1998, by and This Agreement for the Waiver of Impact Fees entered into this _ (]ay of _ between the Board of County Commissioners of Collier County, Florida. hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc.. hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96. as amended, the Collier County Parks and Recreational Facilities Impact Fee 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 amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinancc No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee 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 thc 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 thc Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS. the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98- J_._~_~ at its regular meeting of... ~.,t~,-,,./_o~ j / ,1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals arc true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with the standards set forth in the appendices to thc impact Fee Ordinance for a period of fifteen (l 5) years commencing from thc date thc certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very. lox,,, incomc 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 Fee Ordinance; b. Thc Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and - 2 - OR: 2457 PG: 2796 16 20 c. OWNER is Ihe owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant Io Ihe Impact Fee Ordinance. In return for lhe waiver of the impact fees owed by OWNER, OWNER covenants and agrees Io comply with the affordable hot,sing impac! fee waiver qualification criteria delailcd in Ibc Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unh subject to impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only 1o houschokls meeting thc criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unil must be utilized For affordable housing for a fifteen (15) year period after the date lhe certificate o£ occupancy is issued; and il' thc Dwelling Unit ceases to be utilized for that purpose during such period, Ibc impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon lhe Dwelling Unit on lhe effective date o£ this Agreement; which lien may be foreclosed upon in the event of non-compliance with thc requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (I 5) years after Ibc dale of issuance of the cerlificat¢ of occupancy, or upon paymen! of' the waived impacl fees, lh¢ COUNTY shall, al the expense of the COUNTY, record any necessary documentation evidencing the lerminalion of lhe lien, including, but nol limi~.cd lo, a release of lien. 9. BINDING EFFECT. This Agreemen! shall be binding upon the parties Io this Agreement and their respective heirs, personal representatives, successors and assigns. In lhe case of sale or ~rans£er by gift oflhe Dwelling Unil, lhe original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the condilions set forth in lhe lmpac~ Fee Ordinance are satisfied. In addilion, Ibis Agreement shall run wi~.h ~.he land and shall remain a lien against the Dwelling Unit until the provisions ofSeclion 8 are satisfied. - 3 - OR: 2457 PG: 2797 16A20 10. RECORDING. '[his Agreement shall bc recorded by OWNER at thc expense oF OWNER in the Oflicial Records of Collier County, Florida, within fifteen (15) days aftcr execution of this Agreement by the Chain'nan of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to comply 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 ( ! 5) days after notice ortho violation. 12. REMEDIES. Should the OWNER ofthe property fail to comply with the said qualification criteria for fifteen ( 15; days after notice of violation, or should OWNER violate an>' provisions of this Agreement. thc impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that thc impact fccs waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fi fiecn (15) years from the date of issuance of the certificate of occupancy or until repaid. Such licn shall be superior and paramount to thc interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within {30) days after written notice to OWNER. the Board may bring a civil action to enforce this agreement. In addition, the lien may 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 fees and costs, including attorneys fees. incurred by the Board in enforcing this agreement, plus interest at thc statutory, rate for judgments calculated on a calendar day basis until paid. - 4 - 16A2 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY. INC. C charles (~. smith, Vice Prcsid}nt ,/ DATED: . ~.///~ ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~,ttest ~_~ to Chairs~n'$ sfgnature only, Approved as to fo~ and legal sufficiency B arbS~'~ B. 'B~:rTr~', Cha~h-manX' -' Heidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this o~.r-/day of .,42'~ 4,, by Charles C. Smith, known to me. [NOTARIAL SEAL] ,1998, Vice President of Habitat for Humanity of Collier County, Inc. He is personally }~ 4t~ ~ ~vco~u,mo.. cc r~,: Name of Acknowledger T~ed, Ph~~~-~-~$L { .Id/gm/o'bu Ilard/agreement - 5 - OR: 2457 PG: 2799 16A20 EXHIBIT "A" LEGAL DESCRIPTION - BULLARD SUBDIVISION LOT 28, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - -/ OR: 2457 PG: 2800 *** 16A20 16A20 .ESO .tmOS NO. ON-?Y/ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, AUTHORIZING WAIVER OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE tlOUSE TO BE CONSTRUCTED BY HABITAT FOR tiUMANITY OF COLLIER COUNTY, INC., ON LOT 29. BULLARD SUBDIVISION. IMMOKALEE. WHEREAS. ('oilier County has recognized and attempted to address the lack of adequate and affordable housing for moderate. Iow. 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 Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3. policy 1.5.4. policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2. I. 1. policy 2.1.2. policy 2.1.3. policy 2.1.5, and policy 2.1.6 ofthe Housing Element; and WHEREAS. ('oilier County has received funding pursuant to thc State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS. in accordance with Collier County Ordinance No. 93ol9, Ihe County is authori;,ed to use funding from the State }lousing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHERE.,XS. I tab}tat for tfumanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS. l tab}tat for ttumanity of Collier County, Inc. will construct one (I) three-bedroom unit (the "Dwelling Unit") on Lot 29, Bullard Subdivision, Immokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars (S46,500.00); and WHEREAS. the Dwelling Unit will be purchased by a very Iow income household which is required to inxest a minimum of five hundred (500) hours of"Sweat Equity" before it oblains title to the house; and WHERE.,\S. Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of llousing and Urban Improvement an Affordable Housing Application dated August 6. 1998 for a waiver of impact fees for the construction ora house on Lot 29 Bullard Subdivision, Immokalee. a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS. in accordance with Section 3.04 of thc Library Syslem Impact Fee Ordinance, Ordinance No. 88-97. as amended; Section 4.05 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 Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71. as amended; and Section 3.05 of the Educational Facilities System Impact Fee - 1 - 16A20 Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and WHEREAS. Habitat for Humanity of Collier Counly. Inc. }las qualified for an impact fee waiver based upon thc following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very Iow income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase tile unit must be within the affordable housing guidelines established in the Appendices to lhe respeclive Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead ofthe owner. D. The Dwelling Unit shall remain affordable for fifteen { 15) years from the date the certificate of occupancy is issued. NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: 1. Thc Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one ii) house which shall be constructed on Lot 29 Bullard Subdivision, Immokalce, Collier County. Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by llabitat for Humanity of Collier County, Inc., and/or thc purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from thc Affordable Housing Trust Fund, Fund (191), in tho following amounts for the one (I) house to be built on Lot 29 Bullard Subdivision, lmmokalcc by llabitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fcc 1,379.00 C. Parks and Recreational Facilities Impact Fee: { 1 ) Community Parks 399.00 (2) Regional Parks ! 79.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fcc S 1.778.00 Total Impact Fees $ 3,929.52 - 2 - I6A20 3. Thc payment of impact t'ccs by Collier County is subject to thc execution and recordation of an Agreement for Waiver o£Coilier County Impact F~es b~tween the property owner and/or purchaser and the Coumy. This Resolution adopted alter motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK. Clerk /' ,/ Attest ~s t.o Chatre~n's signature Approved as to Form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Barb-X.~ g.-l~q~-~,Chai-Xrman ~.- ~ jd/gm/c/bullard rcso -3- I6A20 EXIIIBIT "A" LEGAL DESCRIPTION - BULLARD SUBDIVISION LOT 29, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 4 - OR: 2457 PG: 2776 16 20 10. RECORDING. This Agreement shall be recorded by OWNER at thc 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. i 1. DEFAULT. OWNER shall be in default of this Agreement (l) where OWNER fails to comply with the affordable housing standards and qualification criteria established in thc Impact Fee Ordinance and thereafter fails to pay the impact fees duc within thirly (30) days of said non-compliance, or (2) where OWNER violates one of the affordable hot,sing qualification criteria in the Impact Fcc Ordinance for a period of fifteen (15) days after notice of the violation. 12, REMEDIES. Should thc OWNER of thc property fail to comply with thc said qualification criteria for fifteen (I 5) days after notice of violation, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in fi~ll by OWNER within thirty (30) days of said non-compliance. OWNER agrees that thc impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fiftccn {15) years from thc date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in thc Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the Ii r County taxes and shall be on parity with thc lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, thc Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in mortgage on real property. This remedy is cumulative with to the COUNTY. The Board shall be entitled to recover all fees. incurred by the Board in enforcing this agreement. judgments calculated on a calendar day basis until paid. uity as for the foreclosure of a other right or remedy available and costs, including attorneys ,nterest at the statutory rate for - 4 - PG: 2777 16A20 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print ./ /~fint Name k, '5i" OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY. INC. &'~Zl~arl-es C. Sm~5',~Vi~ President DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA '7' / -" / Attest as to Chairman's signature on)j. Approved as 1o form and legal sufficiency l~a~ B. ~errr~, Ch~irman~'~x~ Heidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier .) The foregoing instrument was acknowledged before me this J~/ day of/~-,4, ~. by Charles C. Smith, known to me. · [NOTARIAL SEAL] ,1998, Vice President of Habitat for Humanity of Collier County, Inc. He is personally Signatdre of Person Taking Ackno~~nt Name of Acknowledger Typed, Prinl~-~-r--b-t~h-~cl- ........ - 5 - EXHIBIT "A" LEGAL DESCRIPTION - BuLLARD~DIVISION LOT 25, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - *** OR: 2457 PG: 2779 *** 16A20 Z 16~20~ Z J 0 0 2367387 OR: 2457 PG: 2801 CLIH ~0~ ~ICO~ID This Agreement for the Waiver of Impact Fees entered into this~ day ofv 1998, by and between the Board of' County Commissioners of Collier County, Florida. hereinafter referred Io as "COUNTY" and ttabitat for ttumatfity of Collier Count)', inc., hereinafter referred to as "OWNER." WITNESSETH: \\qqEREAS. Collier County Ordinance No. 88-97, as amended, thc Collier County Libra~' System Impact Fcc Ordinance; Collier County Ordinance No. 88-96. as amended, thc Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance: Collier County Ordinance No. 92-22, as amended, tile Collier County Road Impact Fcc Ordinance; and Collier County Ordinance No. 92-33. as amended, thc 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 tile Impact Fee Ordinance. a cop.,,' of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, thc 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, tile impact fcc waiver shall be presented in lieu of payment of tile requisite impact fees subject to satisfaction of all criteria in thc Impact Fee Ordinance qualifying thc project as eligible for an impact fee waiver; and - i - OR: 2457 PG: 2 0 WllEREAS. thc COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98- _??,~ at its regular meetingof _ ,~' ~:..r,.U~z,,// , 1998; and WHEREAS, the Impact Fee Ordinance requires that lhe OWNER enter into an Agreement wilh thc COUNTY. NOW, THERF. FORE, in consideration of the foregoing recitals, tim parties covenant and agree as follows: 1. RECI'F.,\LS INCORPORATED. The foregoing recitals arc true and correct and shall bc incorporated by reference herein. 2. LEGAL DESCRIPTION. lhe legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by referencc herein. 3. TERM. O\VNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with tim standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the Thc Dv,'elling Unit shall be sold to a household with a very Iow income as defined in tile appendices to thc Impact Fee Ordinance and his/her monthly payments lo purchase the Dwelling Unit shall be within tile affordablc housing guidelines established in tile appendices to tile Impact Fee Ordinance; Tile 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 (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and following: - 2 - OR: 2457 PG: 2803 16 20 c. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of S3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee v,'aiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing tbr a fifteen (151 year period after the date the certificate of occupancy is issued; and if thc Dwelling Unit ceases lo be ulilizcd for Ihat purpose during such period, thc impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of thc 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 of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the impact Fee Ordinance are satisfied, in addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. - 3 - OR: 2457 PG: 2804 16 20 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in thc Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. I 1. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to comply with the affordable housing standards and qualification criteria established in thc Impact Fcc Ordinance and thereafter fails ~'o pay the impact fees duc within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER ofthe property fail to comply with the said qualification criteria for fifteen (15) days after notice of violation, or should OWNER violate any provisions of this ,.\grccment, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (I 5) years from the date of issuance of the certificate of occupancy or until repaid. Such licn shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person excep! the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or othcnvise 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 COUNT','. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. - 4 - OR: 2457 PG: 2805 16~20 IN WITNESS WHEREOF, the parties have executed this Agreement Impact Fees on the date and year first above written. for Waiver of OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. DATED: -' ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barb'"~ri B.'B~2rr~. Cl~aXkmanX,-' ~ Approved as to form and legal sufficiency .:'.,_ .1 ' i~ H'eidi F. A-shton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument '.vas acknowledged before me this ~ 9( day of 1998, by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc./'/Fie is personally known to me. [NOTARIAL SEAL] jd~gm/clbu II'h[~liljreeme nt Sfgn)xfire of Person Taking Ackno~)fedgment Name of Acknowledger Typed, Printed or Sta~_ped - 5 - ld-_~_r~,~_~L m ~a..s,.,~a~,coJ OR: 2457 PG: 2806 16~20 EXHIBIT "A" LEGAL DESCRIPTION - BULLARD SUBDIVISION LOT 29, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - Z L (SF~ S-O~O) 80' R/W *** OR: 2457 RESOLUTION NO. 98- ~5 0~ RESOI.UTION OF TIlE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA, AUTHORIZING WAIVER OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY. INC., ON LOT 30, BULLARD SUBDIVISION. IMMOKALEE. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate. Iow. 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 Count.,,' Growth Management Plan, including: objective !.4, policy ! .4. I; objective 1.5. policy 1.5.2, policy 1.5.3. policy 1.5.4, policy 1.5.5. policy 1.5.6: objective 1.6, policy i.6.3; objective 2. I. policy 2. I. 1. policy 2.1.2. policy 2. 1.3. policy 2.1.5. and policy 2.1.6 of the Housing Element; ami WHEREAS. Collicr County has rcccivcd funding pursuant to the State Housing Initiatives Panncrship Program set forth in Section 420.907 et. seq., Flor/da Statutes and Chapter 91-37, Florida Administrative ('ode: and WHEREAS. in accordance with Collier County Ordinance No. 93-19, the County is author/zed to use funding from the Stale }lousing Initiatives Partnership }SHIP] Program for waivers of Collier County impact fees; and WHEREAS. ttabitat for Itumanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS. Habitat for Humanity of Collier County. Inc. will cons}fuel one ( I ) three-bedroom unit (the "Dwelling Unit") on Lot 30, Bullard Subdivision, hnmokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars (S46,500.00); and WHEREAS. 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 WHEREAS. Mr. Charles C. Smith. Vice President of Habitat for Humanity of Collier County. Inc., submitted to the Office of }lousing and Urban Improvement an Affordable Housing Application dated August 6. 1998 for a waiver of impact fees for the construction ora house on Lot 30 Bullard Subdivision, lmmokalec, a cop>' of said application is on file in the Housing and Urban Improvement Department; and WItEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97. as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fcc 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 Services System Impact Fee Ordinance, Ordinance No. 91-71. as amended; and Section 3.05 of the Educational Facilities System Impact Fee - ! - 16A20" Ordinance. Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and WHEREAS. Habitat for Humanity of Collier County. [nc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County. Inc.: A. Tile Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shal' be sold to a household with a very low income level ,as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the ttomestead of the owner. D. '['he Dxvclling [;nit shall remain affordable for fifteen {15} years from the dale Ihe certificate of occupancy is issued. NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: I. The Board of County Commissioners hereby authorizes the County Administrator lo issue an Authorization for waiver of impact fees to Habitat for ilumanity of Collier County. Inc. for one {11 house which shall be constructed on Lot 30 Bullard Subdivision. [mmokalce. Collier County. Florida. 2. Upon receipt by thc }lousing and Urban Improvement Director oran agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, Ihe Board of County Commissioners hereby authorizes the payment by Collier County of the following impact rccs {'rom the Affordable Housing Trust Fund, Fund (191}, in thc following amounts for the one (I} house to be built on Lot 30 Bullard Subdivision, Immokalee by Habitat for Humanity of Collier Count), Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fcc: ( I ) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee S !.778.O0 Total Impact Fees S 3,929.52 - 2 - 3. The payment of impact £ccs by Collier County is subject to file execution and recordation of an Agreement for Waiver of Collier County Impact Fees between Ibc property owner and/or purchaser and thc County. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Sfgnature Approved as to form and legal sufficiency: ~eidi I~ ASh{on Assistant County Attorney jd/gngo~ullard,'reso - 3 - EXHIBIT "A" I.EGAL DESCRIPTION - BULLARD SUBDIVISION LOT 30, BULLARD SUBDIVISION, ACCORDING TO TIlE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 4 - 0 2367388 OR: 2457 PG: 2808 CLIH TO ?H! BOARD ~ICOIDID ia the O~IClAL IICO~DS Of ¢0~III CO~, lit 7240 AGREEMENT ~OR WAI~ER OF COLLIER COUNTY This Agreement for thc Waiver of Impact Fees entered into this ~day of~ 1998, by and between the Board of County Commissioners of Collier County, Flo~da, hereinafter rcfe~cd to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter rcfe~ed to as "OWNER." WITNESSETH: WHEREAS. Collier County Ordinance No. 88-97, as amended, the Collier County Librao~ System Impact Fee Ordinance; Collier Counly Ordinance No. 88-96. as amended, thc Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Semiccs System Impact Fee Ordinance: Collier County Ordinance No. 92-22, as amended, thc Collier County Road lmpacl Fee Ordinance; and Collier County Ordinance No. 92-33. as amended, thc Collier County Educational Facilities System Impact Fee Ordinance, as they may be fu~hcr amended from time to time hereinafter collectively refe~ed to ~ "Impact Fee Ordinance", provide for waivers of impact fees for now owner-occupied dwelling unit quai[fying ~ affordable housing; and WHEREAS, OWNER has applied for a w~iver of impact fees as required by the Impact Fee Ordinance~ a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the O~ER'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 ~VHEREAS. the impact fee waiver shall be presented in lieu of pa~cnt of the requisite impact fees subject to satisfaction of all c~leria [n the Impact Fee Ordinance qualifying thc project as eligible for an impact fee waiver; ~d 16A20 33.00 7.00 - 1 - OR', 2457 PG: WHEREAS, t}~c COUNTY approvcd a waivcr of impact fccs for OWNER cmbodicd ~n Resolution No. 98- ~ ',~ ~~~ '~ at its regular meetingof / / 1998; and WHEREAS, thc Impact Fee Ordinance requires that the OWNER enter into an Agreement with thc COUNTY. NOW, TI IEREFORE, in consideration of the foregoing recitals, the panics covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals arc tree and co~ect and shall be info.orated by reference herein. 2. LEGAL DESCRIPTION. The legal description of thc dwelling unit (thc "Dwelling Unit") and site plan is attached hereto as Exhibit 'A" and info.orated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain ~ affordable housing in accordance with the standards set fo~h in the appendices to the Impact Fcc Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES, OWNER represents and wa~anls thc following: The Dwelling Unit shall be sold to a household with a very Iow income as defined in thc 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 Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; /he Dwelling Unit shall be the homestead ofowner; Thc 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 - 2 - OR: 2457 PG: 2810 16 20 c. OWNER :s thc owner of record of Iht Dwelling Unit and owes in]pact fees in the total amount of $3,929.52 pursuant to thc Impact Fcc Ordinance. in return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact lee waiver qualification criteria detailed in the hnpact Fee Ordinance. 5. SUBSEQUENT TRANSFER. IfOWNER sells thc Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, thc impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dv.'elling Unit on thc effective date of this Agreement; which lien may be foreclosed upon in thc event of non-compliance with thc requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion o1' thc Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of thc waived impact fees, the COUNTY shall, at the expense of the COUNTY, rccord any necessary, documentation evidencing the termination of the lien, including, but not limited to, a release oFlien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall mn with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. - 3 - OR: 2457 PG: 2811 16A20 1~). RECORDING. This Agreement shall be rccordcd by OWNER at thc expense of OWNER in tile Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default ofthis Agreement (1) where OWNER Fails to comply with tile affordable housing standards and qualification criteria established in thc Impact Fee Ordinance and thereafter fails to pay the impact fees duc within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in thc Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen (15) days after notice of violation, 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 thc impact fees waived shall constitute a lien on the Dwelling Unit commencing on tile 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 the interest in tile 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 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 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 fight or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate fox' judgments calculated on a calendar day basis until paid. - 4 - OR: 2457 IN WITNESS WHEREOF, lhe panics have executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. ~ 'Charles C. S.~m_it.h,)fficc Presktent ATTEST: DWIGHT E. BROCK, Clerk Attest",Is 1:6 'C~air~an' s signature onl.~. Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Barb'~x~B:[lorr~: Chai~nan ~-' ~ STATE OF Florida COUNTY OF Collier ) ) The foregoing instrument xvas acknowledged before me this . by Charles C. Smith, known to me. [NOTARIAL SEAL] jd/gm/c/bullar~'agreement ,~'ff' day of ,,4:74,, ~,, ,1998, Vice President of Habitat for Humanity of Collier County, Inc. He is personally ~__gr(ature of Person Taking Ack~'ledgment Name of Acknowledger Typed, Printed or Stamped OR: 2457 PG: 2813 16~20 EXHIBIT "A" LEGAL DESCRIPTION - BULLARD SUBDIVISION LOT 30, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - Z *** OR: 2457 Z <: PG~ Z814_*** RESOLUTION NO. 98- -~"~ ? RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AUTHORIZING WAIVER OF LIBRARY SYSTEM IMPACT FEES. PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES. EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY. INC.. ON LOT 31. BULLARD SUBDIVISION. IMMOKALEE. WHEREAS. Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, Iow, and very-low income households in thc County and thc need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy !.4.1; objective 1.5, policy 1.5.2, policy 1.5.3. policy 1.5.4, policy 1.5.5, policy 1,5.6; objective 1.6, policy 1.6.3; objective 2. I. policy 2. I. I, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS. ('oilier Count,,.' has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 ct, sea... Florida Statutes and Chapter 91-37, Florida Administrative Code: and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees: and WHEREAS. Habitat for Humanity of Collier County. Inc. is seeking a waiver of impact fees; and WltEREAS. Habitat for Humanity of Collier County. Inc. will construct one ( I ) three-bedroom unit (thc "Dwelling Unit"} on Lot 31. Bullard Subdivision, Immokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS. thc Dwelling Unit will be purchased by a very low 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 WHEREAS. Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of ftousing and Urban Improvement an Affordable Housing Application dated August 6, 1998 for a waiver of impact fees for the construction of a house on Lot 31 Bullard Subdivision, lmmokalce, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS. in accordance with Section 3,04 of the Library System Impact Fee Ordinance. Ordinance No, 88-97. as amended; Section 4.05 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 Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee - 1 o I6 20 Ordinance. Ordinance No. 92-33. as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver: and WHEREAS. Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon thc following representations made by tlabitat for Humanity of Collier County. Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very Iow income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase tile unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances, C. Thc Dwelling Unit shall be the Homestead of the owner. D. Tile Dwelling Unit shall remain affordable for fifteen {15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: I. The Board of County Commissioners hereby authorizes the County Administrator to issue :m Aulhorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (l) house which shall be constructed on Lot 31 Bullard Subdivision. immokalee, Collier County. Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser. or olhcr documentalion acceptable to Ihe County Attorney, tile Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from tile Affordable }lousing Trust Fund, Fund (191), in the following amounts for the one (I) house to be built on Lot 31 Bullard Subdivision. Immokalee by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee i,379.00 C. Parks and Recreational Facilities Impact Fee: ( I ) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee $ 1.778.00 Total Impact Fees $ 3,929.52 - 2 - 16A205 3. Thc paymcnt of impact fees by Collier County is subject to the execution and recordation of an Agreement for Wab, er of Collier County Impact Fees between thc properly owner and/or purchaser and thc County. This Resolution adopted aftcr motion, sccond and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clcrk signature on]!. Approved ~s to Fo~ ~nd ]~a] suF~cicncy: ~idi ~. Ashmn Assis[~n[ County AHomcy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~arb~a fi.'l~r~,Cfia~ernan ~ ~ jd/gm:'c/bulla rd~r e so - 3 - " 16A20 EXIIlBIT "A' I.EGAI. DESCRIPTION - BUI.I.ARD SUBDIVISION I.OT 31, BUI.LARD SUBDIVISION, ACCORDING TO TIlE PI.AT BOOK TilEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76 AND 77. OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FI.ORIDA. - 4 - '.i. b A 2_. 0 4 ,,=,: 2367389 OR: 2457 PG: 2815 1 6 A 2 0 CLI~E ?0 ?El BOARD IIC01OI0 tn the 0I~IC~L ~lC01O$ of C0~III C0~,~L ~ITI~0~HC! ~T~ ~L~ 0~/0)/~l aL ~0:33~ Oi~ I. BRai, C~il[ 7240 UC ~11 33.00 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEESc0MI~ This Agreement for the Waiver of Impact 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 ttabitat for Humanity of Collier County, Inc.. hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier Cotmty Ordinance No. 88-97. as amended, the Collier County Library System Impact Fcc Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee 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, thc Collicr County Educational Facilities System Impact Fee Ordinance, as they may be timber 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 of impact fees as required by the Impact Fee Ordinance. a cop3' of said appiication being on file in the office of Housing and Urban Improvement; and WHEREAS, the 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 the Impact Fee Ordinance; and WItEREAS. thc impact fcc waiver shall be presented in lieu of payment of thc requisite impact fccs subject to .~afi~faction of all criteria in thc Impel Fcc Ordinancc qualifying thc project as chg~blc for an ~mpact fee waiver; and - 1 - WHEREAS. thc COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98- " / at its regular meeting of....,.~//~,+ /.. , 1998; and WHEREAS, thc hnpact Fee Ordinance requires that the OWNER enter into an Agreement with thc COUNTY. NOW, THEREFORE, in consideration of thc foregoing recitals, thc parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals arc true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (thc "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warranls thc following: The Dwelling Unit shall be sold to a household with a ','cry' Iow income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fcc Ordinance; Thc 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 (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and - 2 - OR: 2457 PG: 2817 16 20 c. OWNER ~s the owner of record of the Dwelling Unit and owes impact fccs in thc total amount of S3.929.52 pursuant to the Impact Fcc 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 detailed in the Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to thc impact fee waiver to a subsequent purchaser, thc Dwclling Unit shall be sold only to households meeting the criteria set forth in the Impact Fcc Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, thc impact fees 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 be foreclosed upon in thc event of non-compliance with thc requirements of this Agreement. 8. RELEASE OF I. IEN. Upon satisfactory completion of thc Agreement requirements and fifteen (I 5) .,,'ears after thc date of issuance of thc certificate of occupancy, or upon payment of thc waivcd impact fees, thc COUNTY shall, at thc expense of thc COUN'I"Y. record any necessary docmnentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon thc 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 for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. - 3 - OR: 2457 PG: 2818 16 20 10. RECORDING. This Agreement shall be recorded hy OWNER at thc expense of OWNER in thc Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of thc Board of County Commissioners. 1 1. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to comply with the affordable housing standards and qualification criteria established in thc Impact Fee Ordinance and thereafter fails to pay the impact fees duc within thirty (31')) days of said non-compliance, or (2) wi'icrc O\VNER violates one of thc affordable housing qualification criteria in tile Impact Fee Ordinance for a period of fifteen {15} days after notice of the violation. 12. REMEDIES. Should the OWNER ofthe property fail to comply with the said qualification criteria for fifteen (15) days after notice of violation, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate o f occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall he on parity with the lien of any such County faxes. Should lhe OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or othenvise enforced by the COUNTY by action or suit in equity as for thc foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including atton'~eys fees, incurred bv the Board in enforcing this agreement, plus interest at the slatutory rate for judgments calculated on a calendar day basis until paid. - 4 - OR: 2457 PG: 2819 16A20 IN WITNESS WHEREOF, thc panics have executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. · Charles C. Sm.ith.,J~ice President DATED: ~:~// ATTEST: DWIGHT E. ,BROCK, Clerk -/ ,/-- - ,// Attest ts to Chairman's signature onl]. Approved as to Form and legal sufficiency H'~Fdi Fi-Ashtc~h ~(~.~ ~) Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BarbA~'i B :l~e~, Ch'~an~ - ~ STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ,,~p/ day of ~e4 , i 998, by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally [NOTARIAL SEAL] Signf.~re of Pcrson Taking AcknoWledgment jd/gm/c/bu Ilard/agreement Prin-- Name of Acknowledger Typed. -- ~ -- OR: 2457 PG: 2820 16~20 EXHIBIT "A" LEGAL DESCRIPTION - BULLARD SUBDIVISION LOT 31, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6- z L~K£ '0 o I~, I , I ' (sa 8o' r/w (£x~st~c) ---- OR: 2457 · -4 ,-4 I ,,.0 0 PG: 2821 *** ]6A20 RESOLUTION NO. 98-~5'2 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA, AUTHORIZING WAIVER OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 32, BULLARD SUBDIVISION, IMMOKALEE. WIIEREAS. Collier County has recognized and attempted to address lhe lack of adequate and affordable housing for moderate, Iow, 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 thc Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5. policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1. I. policy 2.1.2. policy 2.1.3, policy 2.1.5, and policy 2.1.6 of Ibc Housing Element; and WHEREAS. Collier County has received Funding pursuant to thc State Housing Initiatives Parlncrship Program set forth in Section 420.907 et. seo.., Florida Slatutcs and Chapter 91-37, Florida Adminislrativc Code; and WHEREAS. in accordance with Collier County Ordinance No. 93-19, thc County is authorized to use funding from the State ttousing Initiatives Parlnership [SHIP] Program for waivers of Collier County impact Fees; W}tEREAS. t labitat for I lumanity of Collier County, Inc. is seeking a waiver of impact Fees; and WHEREAS. Habitat for Humanity of Collier County, inc. will construct one (I) three-bedroom unit (the "Dwelling Unit") on Lot 32, Bullard Subdivision, Immokale¢ which is proposed to sell for Forly-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit ~ill be purchased by a very Iow income household which is required to invest a minimum of five hundred {500) hours of "Sweat Equity" before it obtains title to tim house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habilat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated August 6, 1998 for a waiver of impact fees for Ihe construction ora house on Lot 32 Bullard Subdivision, Immokalcc, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97. as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of thc Road Impact Fee Ordinance, Ordinance No. 92-22. as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fcc - 1 - Ordinance, Ordinance No. 92-33. as amended; an applicant may obtain a waiver of impact fccs by qualifying For a waiver: and WtlEREA$. tlahitat for ttum miry of Collier County. Inc. has qualified for an impact fee waiver b~ed upon ~he following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be ~ld to a tint-time home buy~. B. Thc Dwelling Unit shall be ~ld to a household wilh a v~ Iow income level as lhat tc~ is defined in Ihe Appendices to the resp~tive Impact Fee Ordinanc~ and the monthly payment ~o purchase thc unil must he wilhin the affordable housing guidelines established in the Appendices ~o the respective Impaci Fcc Ordinances. C. The Dwelling Unit shall be lhc Homestead of thc owner. D. The Dwelling Unit shall remain affordable for fifteen (15) yca~ from thc dale the ccaificatc of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~Y COMMISSIONERS OF COLLIER COUNTY. FLORIDA. thai: I. Thc Board or Counly Commissioners hereby authorizes the County Adminislrator to issue an Authorization for waiver of impacl fees to Habitat tot Humanity or Collier County, Inc. for one (I) house which shall be const~ct~ on ~t 32 Bullard SuMivision, Immokalcc, Collier County. Florida. 2. Upon receipt by the Housing and U~ lmp~vem~t Dirtier of an a~eement for waiver of impact tees signed by Habitat for Hum~ity of Colli~ County, Inc., an~or Ibc purch~er, or other documentation acc~labl¢ to the County Attorney, lhe Board o~ County Commissioners hereby authorizes thc payment by Collier County or thc following impact ~ees ~rom thc Affordable Housing Tnlst Fund, Fund (191), in thc following amounts For one (1} house Io be built on Lot 32 Bullard Subdivision, lmmokalee by Habitat for ttumaniiy of Collier County, inc.: A. Library Impact Fee S 180.52 B. Road Impact Fee 1,370.00 C. Parks and Recreational Facilities Impact Fcc: /11 Community Parks 399.00 {2) Regional Parks 179.0(I D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee $ 1.778.O0 Total Impact Fees $ 3,929.52, -2 - Thc payment of impact fccs by Collier County is subject to thc execution and recordation of an A~rccmcnt for Wai,,er of Collier County Impact Fees belween the property owner and/or p,rchaser and the County. This Resolution adopted after motion, second and majority vote favoring same. DATED: ~/~ A'FI'EST: ,DWIGHT E. BROCK, Clerk signature ofll~. Approved a.s to Form and legal sufficiency: Heidi F. Asht~>n Assistant County Attomcy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA jd/gm~o'butlard'reso - 3- : 6A20 EXHIBIT LEGAL DESCRIPTION - BULI.ARD SUBDMSION LOT 32, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK TilEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76 AND 77, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 16A2.0 ~ 2367390 OR: 2457 PG: 2822 CLIH ?0 ?]~1 ~OAD UCODID in ~ht 0UIClA~ UCODJ 0[ CO~Ill CO~, ~ IITI~0UICI ~T~ FL00~ 09/03/~ at 10:33~ D~IG~ I, H~[, CLIH ~I? ~2i0 AGREEMENT FOR ~VAIVER OF COLLIER COUN~ IMPACT FEES 16A20 RIC Fl[ 33.00 cO~lS ?.00 This Agreement for the Waiver of Impact Fees entered into this/'~t"ay of ~F~/.~- 1998, by and / between the Board of County Commissioners of Collier County, Florida, hereinafter referred 1o as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WlTNESSETH: WItEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fcc Ordinance; Collier County Ordinance No. 88-96, as amended, thc Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collcctivcly referred to as "Impact Fcc Ordinance", provide for waivers of impact fccs for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fccs as required by the hnpact Fee Ordinancc, a copy of said application being on file in the office of Housing and Urban Improvcmcnt; 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 cstablished in the Impact Fee Ordinance; and WHEREAS, the impact fcc waiver shall be prcscnted in lieu of payment of the rcquisite impact fecs subjcct to satisfaction of all crite:ia in the Impact Fee Ordinance qualifying the project as cligiblc for an impact fcc waiver; and - I - OR', 2457 0 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-----7~5~ at its regular meeting of ,~~ / , 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: I. RECITALS INCORPORATED. Thc foregoing recitals are true and correct and shall be incorporated by reference herein. LEGAL DESCRIPTION. The legal description of thc dwelling unit (thc "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANIIES. OWNER represents and warrants thc following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and - 2 - OR: 2457 PG: 2824 16/ 20 e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of S3,929.52 pursuant to the impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in thc Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to thc impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. Thc 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 thc Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon thc Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in thc event of non-compliance with thc 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 o£ the waived impact fees, the COUNTY shall, at the expense of thc COUNT',', record any necessary documentation evidencing thc termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the panics 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 for the impact fees waived until said impact fees arc paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions ofSection 8 are satisfied. - 3 - OR: 2457 PG: 2825 16 20 10. RECORDING. 1'his Agreement shall be recorded by OWNER at thc expense of OWNER in thc Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of Counly Commissioners. 11. DEF'AUI~I. OWNER shall be in default of this Agreement (I) where OWNER fails to comply with the affordable housing standards and qualification criteria established in the Impact [:cc Ordinance and thereafter fails to pay thc impact fees duc within thirty (30) days o£ said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fcc Ordinance for a period of fifteen (15) days after notice of thc violation. 12. REMEDIES. Should tile OWNER of the properly fail to comply with the said qualification criteria for fifteen (15) days after notice of violation, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid m full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact I'ccs waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to thc interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except thc lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, tile Board may bring a civil action to enforce this agree~ncnt. In addition, the lien may be foreclosed or otherwise enforced bv the COUNTS' 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 ali 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. - 4 - OR: 2457 PGi ~6~ 0 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. t. '~har'}-lCs ~2. <ffmifl{'VA/ce preSi&nt DATED: .~'~.' .~£ ' ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Attest as to Chairman's s~gnatu:.e ct, ).r' Approved as to form and legal sufficiency BarbX;~ra B. [5-err;y, ~Id~'ff. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ~ day of by Charles C. Smith, known to me. [NOTARIAL SEAL] ,1998, Vice President of Habitat for Humanity of Collier County, Inc. He is personally t-),~,,., .... /(.(~,. 4'xL.-~...- _. Sigfi~tdre of Person Taking Acknc(~i~I-,~i---~(~,~,:~, :~-L~Ey~~ ,'' ,, ....... ! Name of Acknowlcdgcr Typed, Print(~,,)~,~. ~.~~ j&'gm/c ./bultaM/agreeme nt OR: 2457 ?(~: 2827 16A~_O EXHIBIT "A" LEGAL DESCRIPTION - BULLARD SUBDIVISION LOT 32, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - ,.ri;. xx ri , , '~ I~, ~xx'x' , , . :~.~.~,.¢ , I ' ~,.r~_.:~.~: ~ IS ~ ;--iF~ ' I 1 OR: 2457 PG: 2828 **~ 16~20