Resolution 2000-033
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RESOLUTION NO. 2000-~
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING 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 IMPACT
FEES FOR ONE HOUSE TO BE CONSTRUCTED BY JORGE Z. FUENTES AT
5346 TEXAS AVENUE, NAPLES MANOR LAKES, 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 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 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, Jorge Z. Fuentes is seeking a 100% waiver of impact fees; and
WHEREAS, Jorge Z. Fuentes will construct a four (4) bedroom unit (the "Dwelling Unit") at
5346 Texas Avenue in Naples Manor Lakes, Collier County, Florida; which is proposed to sell for
Ninety Seven Thousand Four Hundred Dollars (97,400.00), and
WHEREAS, the DweJling Unit will be owned by a very low income household, and
WHEREAS, Jorge Z. Fuentes submitted to the office ofthe Housing and Urban Improvement
Department an Affordable Housing Application dated October I, 1999 for a waiver of impact fees for
the construction of a house at 5346 Texas Avenue, Naples Manor Lakes, 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
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Systems Impact Fee Ordinance, Ordinance No. 98-69, an applicant may obtain a waiver of impact
fees by qualifying for a waiver; and
WHEREAS, Jorge Z. Fuentes has qualified for an impact fee waiver based upon the
following representations made by Jorge Z. Fuentes:
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 the County Administrator to
issue an Authorization for waiver of impact fees to Jorge Z. Fuentes for one (1) house
which shall be constructed at 5346 Texas Avenue, Naples Manor Lakes, Collier
County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for
waiver signed by Jorge Z. Fuentes, 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 at 5346 Texas
Avenue, Naples Manor Lakes, Collier County, Florida by Jorge Z. Fuentes:
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
1,275.00
1,575/00
$ 7,140.34
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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 on sufficient evidence provided by Owner, Owner has demonstrated that a
subordination of the County's rights, interests and lien to that certain mortgage loan
from Market Street Mortgage to Owner in the amount of $96,866.00 is necessary to
obtain financing to purchase the Dwelling Unit.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATT!}ST:'
DWIGHT E: BROCK}'.:Clerk
Attest as
signature
ApproJJ~ '~' tb'fo~ ~d
legal sufficiency:
Heidi F. a htoh
Assistant County Attorney
BOARD OF C~J21LINTY COMMISSIONERS
COLLIER/LTDUNTY, FLORIDA
By ~~
TIM ~l/~ ~i;'~[X~q S T ~T IN E, CHAIRMAN
jd/c/impfees/fuentes
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EXHIBIT "A"
LEGAL DESCRIPTION
JORGE Z. FUENTES RESIDENCE
LOT 23, BLOCK 10, NAPLES MANOR LAKES, AS RECORDED IN
PLAT BOOK 3, PAGES 86 AND 87, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
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AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this ~ day of
--~31fl~t~zz,~lt, 2000 by and between the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as "COUNTY" and Jorge Z. Fuentes, 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 Collier County Ordinance No. 98-69, the Regional Water and/or Sewer Systems
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 requirements 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
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OR: 2640 PG: 0927
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WHEREAS, the COUNTY approved a waiver of impact fees
Resolution No. 2000- 3 3 at its regular meeting of -~). ~'
WHEREAS, the Impact Fee Ordinance requires that the
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;
for OWNER embodied in
,2000; and
OWNER enter into an
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OR: 2640 PG: 0928
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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 $7,140.34 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 COUNTY'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
OR:
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.
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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:
Print Name
~t.~,Print Name ,._,'~,~.,~ ..~. ~ ~.
CO~TY OF-
OWNER:
Jorge Z. l~uentes
The foregoing instrument was acknowledged before me this
1999, by Jorge Z. Fuentes. He is personally known to me-or vl,~,.,u,~,~
[NOTARIAL SEAL] .....
__ d a y o f ~,..~,,'~~
,~.L~nature of Person Taking Ackno~edgment
ff I-8~-3-NOTARY Fla N S~ict. .
~ ..... ~ s & ~ndin8 Co.
DATED: ~. c~) ~
ATTEST:: /'
DWIGHT :El BROCK, Clerk
Approved as to to~ ~d
legal ~ufficiency
Heidi F. Ashton
Assistant County Attorney
OR: 2640
BOARD ~F~OUNTY COMISSIONERS
CO~.CiOUNTY, FLORIDA
By: -
T ~ CH-~-i--'~-AN
PG: 0931
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jd/c/impfee/fuentes
6
OR: 2640
PG: 0932
EXHIBIT 'A'
LEGAL DISCRIPTION
JORGE Z. FUENTES RESIDENCE
LOT 23, BLOCK 10, NAPLES MANOR LAKES, AS RECORDED
IN PLAT BOOK 3, PAGE 86 AND 87, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
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OR: 2640 PG: 0933 *"
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