Loading...
Resolution 2000-005 16A5 RESOLUTION NO. 2000-~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING 100% WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT fEES, EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES SYSTEM IMPACT FEES, AND WATER AND/OR SEWER IMP ACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY MARCIA L. BICHARD AT 2721 LINDA DRIVE, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective lA, rtQ,l-icy 104. I; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.504, 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 the 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. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Marcia L. Bichard is seeking a 100% waiver of impact fees; and WHEREAS, Marcia L. Bichard will construct a three (3) bedroom unit (the "Dwelling Unit") at 2721 Linda Drive in Naples Manor Addition, Collier County, Florida; which is proposed to sell for Ninety Eight Thousand Five Hundred Dollars ($98,500.00), and WHEREAS, the Dwelling Unit will be owned by a very low income household, and WHEREAS, Marcia L. Bichard submitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated October 22, 1999 for a waiver of impact fees for the construction of a house at 2721 Linda Drive, Collier County, Florida, 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 Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; 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; Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; and Section 3.04 of the Regional Water and/or Sewer - 1 - 6A5 Systems Impact Fee Ordinance, Ordinance No. 98-69, an applicant may obtain a waiver of impact fees by qualifying for a waiver; and WItEREAS, Marcia L. Bichard has qualified for an impact fee waiver based upon the following representations made by Marcia L. Bichard: A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by 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 Homestead of the 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 thc County Administrator to issue an Authorization for waiver of impact fees to Marcia L. Bichard for one (1) house which shall be constructed at 2721 Linda Drive, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver signed by Marcia L. Bichard, or other documentation acceptable to thc County Attorney, thc Board of County Commissioners hereby authorizes thc payment by Collier County of the following impact fees from thc Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at 2721 Linda Drive, Collier County, Florida by Marcia L. Bichard: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee Correctional Facilities Impace Fee Water Impact Fees Sewer Impact Fees Total Impact Fees Fo 1,778.00 117.98 83O.00 1,575/00 $ 6,695.34 -2- 16A5 3. The payment of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the property owner and/or purchaser and the County. 4. Based upon industry standards the financial industry has demonstrated that a subordination of the County's rights, interests and lien to the first mortgage loan to the owner is ~ecessary.: to obtain financing to purchase the dwelling unit. This Resolution a~[i)pted after motion, second and majority vote favoring same. Atte~ as to Chah-m~n's sl~ature onl,y. Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS By(//~ ~5] tr ff d ~' ~,C~~AN He-idi F. A-s~Ston ' Assistant County Attorney jd/c/impfees/bichard EXHIBIT "A" LEGAL DESCRIPTION MARCIA L. BICHARD RESIDENCE LOT 11, LINDA PARK, AS RECORDED IN PLAT BOOK 4, PAGE 19 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -4- z 332.55' U'nUTY EASMENT SO0'0t'O0"W 100' RIGHT OF WAY BAYSHORE DR~VE SAM GOODMAN P.A. CA.F~OL E. N.~'L$ON. (g41) 261--574-8 1305 RIDGE STREET, NAPLES, FLORIDA 3410.3 etn: 2580785 OR: 2630 PG: 2551 , cm CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL COPIES 8.00 INTEROFFICE 4THPLOOR 01/13/2000at08:39AMDWIGH?E. BROCK, CLERK ~ ~'_ ~ .,, EXT 7240 AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this/]3~:~ day o£ m~-4~/_ , 2000 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Marcia L. Bichard, hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, 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; the Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Ordinance No. 98-69, the Collier County Regional Water and/or Sewer 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 units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 100% waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requiremems for an affordable housing 100% waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and OR: 2630 PG: 2552 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000-O~" at its regular meeting of ~ // ,2000; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in 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 WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a very low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; 2 d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,695.34 pursuant to the Impact Fee Ordinance. In return for the 100% 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 or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the CO UNTY'S rights, interests and lien arising under this Agreement shall be made junior, inferior and subordinate to the first mortgage loan. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact 3 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. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) 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 (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 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 thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within 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 until repaid. 4 OR: 2630 PG: 2555 16A5 Except as set forth in Section 7, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver/Deferral of Impact Fees on the date and year first above written. Witnesses: :/../P'rint Name OWNER: Marcia L. Bichard STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 1999, by Marcia L. Bichard. She is personally known to me-er v ....... .::"~i'j[NOTARIAL SEAL] __ day of/~'~ , ~tyi~x~f- COMMISSION ~ CC 739612 OR: DATED: JAN ! ! ~000 ATTEST: DWIGHT El BROCK, Clerk ~pp~o~ed ~s To ~o~ and BOARD OF COUNTY COMISSIONE~S By'n jd/c/impfee/bichard 6 OR' 2630 PG: 2557 16A5 EXHIBIT 'A' LEGAL DISCRIPTION MARCIA L. BICHARD RESIDENCE LOT 11, LINDA PARK, AS RECORDED IN PLAT BOOK 4, PAGE 19, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7 SAM GOODMAN OR: 2630 332.55' CAROL E. NELSON, ?. A. 1308 RIDGE STREET. NAPLES, FLORIDA 34103 (941) 261--574-8 NOO"O9'37"E ',4 135.0' z ~ ~ S00'09'37"W °~E ~ U'~UT7 EASMENT 2558 m ~ o z o"o ~.~< c:, r~ L.,. §~ 100' RIOHT OF WAY BAYSHORE DR~FE 025 F,~.: 2q = 100'