Resolution 2000-088
.~,,,..___.A
16A5
RESOLUTION NO. 2000-88
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING A 75% DEFERRAL 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 ERICKA ABRAMS AT
5013 CA TALI NA COURT, COLONY PINES, IN 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. 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, Ericka Abrams is seeking a 75% deferral of impact fees; and
WHEREAS, Ericka Abrams will construct a three (3) bedroom unit (the "Dwelling Unit") at
5013 Catalina Court, Colony Pines, Collier County, Florida; which is proposed to sell for Seventy
Nine Thousand Nine Hundred Dollars ($79,900.00), and
WHEREAS, the Dwelling Unit will be owned by a moderate income household, and
WHEREAS, Ericka Abrams submitted to the office of the Housing and Urban Improvement
Department an Affordable Housing Application dated January 5, 2000 for a 75% deferral of impact
fees for the construction of a house at 5013 Catalina Court, Colony Pines, 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 304 of the Regional Water, and/or Sewer
- I -
System Impact Fee Ordinance, Ordinance No. 98-69, an applicant may obtain a 75% deferral of
impact fees by qualifying for a deferral; and
WHEREAS, Ericka Abrams has qualified for a 75% deferral of impact fees based upon the
following representations made by Ericka Abrams:
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 moderate 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 75% deferral of impact fees to Ericka Abrams for one (1)
house which shall be constructed at 5013 Catalina Court, Colony Pines, Collier
Cotmty, Florida.
2. Upon ript by the Housing and Urban Improvement Director of an agreement for
deferral signed by Ericka Abrams, 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 5013
Catalina Court, Colony Pines, Collier County, Florida by Ericka Abrams:
Total Impact Fee 75% Deferral
A. Library Impact Fee $ 180.52 $ 135.39
B. Road Impact Fee 1,379.00 1,034.25
C. Parks hnpact Fee: 820.84 615.63
D. EMS Impact Fee 14.00 10.50
E. Educational Facilities Impact Fee 1,778.00 1,333.50
F. Correctional Facilities Impact Fee 117.98 88.48
G. Water Impact Fees 1,275.00 956.25
H. Sewer Impact Fees 1,575.00 1,181.25
Total Impact Fees $ 7,140.34 $5,355.25
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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 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 Suntrust Bank of Southwest Florida to Owner in the amount of $99,130.00 is
necessary to obtain financing to purchase the Dwelling Unit.
This Resolution adopted after motion, second and majority vote favoring same.
DATED: ~ZJ}~
ATTEST:.,.1 BOARD OF CO COMMISSIONERS
:"~ DWI~T E~'BROCK, Clerk COLLIER C TY, FLORI A
T. t- ' .... .. '' I~AN
~.' Attest a~' 'to:, Cha 1 ~an' s
' slgaature" ~1.3.
~pprOVed' ~sto fo~ and
legal sufficiency:
~e~d~ ~.
jd/c/impfees/abrams
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16 5
EXHIBIT "A"
COLONY PINES
LEGAL DESCRIPTION
LOT NO. lS
Commence at the Northwest comer of Lely Villas Unit 1 as in Condominium
Plat Book 2, Page 106, of the Public Records of Collier Cour Florida, and run North
88°, 43', 14" East along the Noah line of said Lely for 467 feet; thence mn
North 01% 16', 46" West for 40 feet to the Point of Beginning;
Thence run South 88.0, 43', 14" West for 21.00 feet; thence m North 01°, 16' 46" West
for 50.00 feet; thence run North 88°, 43 ', 14" East for 42.00 1 thence run South
16', 46" East for 50.00 feet; thence mn South 88°, 43', 14" est for 21.00 feet to the
Point of Beginning;
All being in and a part of the Southwest ,/4 of Section 18, 50 South, Range 26
East and containing 0.0482 acres, more or less.
BOUNDARY SURVEY
,::ATALINA COURT
U.P- I S,I,P,
CO~NY PINES ~ ["" ...... ' ...... ~ ~ COmNY PINES
~T 1B ',_
~S. LP, 21.o~' ~.oo' s,i,P,
NORTN~ST CORNS* OF
I ~1 Y ~1 I A~ lIMIT
2612854 OR: 2656 PG: 2773,,c u,
IN?IROfi~ICS ~TH PLOOR 03/29/2000 at 10:35AM D~/IGH~ B. BROCK, CLBRK
HT 7240
AGREEMENT FOR 75% DEFERRAL OF COLLIER COUNTY IMPACT FEES
This Agreement for the 75% Deferral of Impact Fees entered into this~Lday of
'~/J3~ , 2000 by and between the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as "COUNTY" and Ericka Abrams, 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 the 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 75% deferral of impact fees as required by the
Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban
Improvement Department; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing 75%
deferral 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 deferral and
OR: 2656 PG: 2774
16 A5
WHEREAS, the COUNTY approved a 75% deferral of impact fees for OWNER embodied in
Resolution No. 2000- F~ at its regular meeting of ~ o~ ,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 moderate 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
OR: 2656 PG: 2775
16A5
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 $5,355.25 pursuant to the Impact Fee
Ordinance. In return for the 75% deferral of the impact fees owed by
OWNER, OWNER covenants and agrees to comply with the affordable
housing impact fee deferral qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee deferral 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 deferred 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 to OWNER.
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 deferred impact fees, and upon payment of the deferred impact
3
OR: 2656 PG: 2776
16
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 ~he 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 d~ys 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 deferred shall constitute a lien on the Dwelling Uni~ commencing on
the effective date of this Agreement and continuing until repaid.
4
OR: 2656
Except as set forth in Section 7, such Hen 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 attomey'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: OWNER:
P~ni'iXl~ame ~ ~x,~+~, ~' t-., Ericka Abrams
STATE OF ~~ ~a )
CO~TY OF ~g/~
The foregoing ins~ment was ac~owledged beBre me this 7¢ day of ~~ ,
2000, by E~cka Abrams. She is personally known to me or produced ~L u ~ype
ofidemification) as identification. /~ ~ '3 ~ ~ ~ d ~
[NOT~ SEAL] ~ure of Person T~ing Ac~owledgment
OR: 2656 PG: 2778
16 5
AYT~ST:
DWi6I:tT':E~ ~ROCK, C~rk
'"'~'Att~-. as to Chat~n's
s)gaatu~ only,
Approved as to fo~ and
legal sufficiency
~eidi F. ~sh~on' ' -
Assist~t County Attorney
~oOLLALiiEROFc oC~LCoORMi IDSASIONERS
By -f '~
TIMOT~VCQ~~E, CHAIRMAN
jd/c/impfee/abrams
6
EXHIBIT "A"
COLONY PINES
LEGAL DESCRIPTION
LOT NO. 15
OR'
Commence at the Northwest comer of Lely Villas Unit I a~
Plat Book 2, Page 106, of the Public Records of Collier
88°, 43', 14" East along the North linc of said Lely Villas
North 01% 16', 46" West for 40 feet to the Point &Beginning;
Thence run South 88% 43', 14" West for 21.00 feet; thence
for 50.00 feet; thence run North 88°, 43', 14" East for 42.00
16', 46" East for 50.00 feet; thence run South 88°, 43', 14"
Point of Beginning;
All being in and a part of the Southwest 'A of Section
East and containing 0.0482 acres, more or less.
in Condominium
Florida, and mn North
for 467 feet; thence mn
North 01% 16' 46" West
thence run South 01°,
for 21.00 feet to the
ship 50 South, Range 26
/William C. M;:Anly, P.S.M.
Florida Registration No. 1543
MeAnly Engineering and Design, Inc.
5435 Park Central Court
Naples, Florida 34109
COLONY PINES
COMMON AREA
BOUNDARY SURVEY
7ALINA COURT
*** OR: 2656 PG:
NAIL
t. 79 /~- E.O.P. &84
- -l-----
~.p. I SJ.P,
L~67~2
LOT 18
CAT~ ~ ~ ~
COLONY PIN]~S
COMMON AREA
2780 ***
/
/
/
F.C,M.
~1543
NORTHWEST CORNE'
LELY V1LLAS UNIT
P.O.C.
NOT[S;
ADORESS: 5013 CATALJNA COURT
ELEVATIONS SHOVel HEREON ARE o'
DEARINGS ARE BASED ON THE NOR'
OF LELY vlLLA5 UNIT 1 = S8
Lnf~7B2
$,I,P,
30' D.E.
OF
ON N.G,V.D.
PROPERTY LINE OF
NO UNDERGROUND IMPROVEMENTS I V~ BEEN LOCATED EXCEPT AS SHOWN. ~ .
NO UNDERGROUND FOOTINGS HAVE LOCA~D EXCEPT AS SHO~,
~ERE ARE NO ENCROACHMENTS EF ;ER ON OR OFF PROPERTY UNLESS ~R~SE SHO~. ~,,ff
ONLT EASEMENTS ON RECORDED Pt'" OR ~OS[ FURNISHED SUR~YOR ARE ShO~ HEREON,
FIRM. PANEL No. 120067 0~05 E !. INDIC~S ~At ~E PROP~R~ IS IN ZONE 'AE' (7,0)..
~ D~C~O~:
COLONY PINiS, LO~ 18 - S~E A~. SHEET FO~ LEGAL DESCRIP~ON
I HEREBY C~ ~:
ERICKA AGRAM~: ~N~U~T GANK ts mu~cem~orn and/~ a~$lgn~; MONK cuSTOM HOMES. iNC.
that an obo~ ground Surly Of ~h obo~ described property wos mode under my direction ~nd that the ~arvey end
sketch ~re ~c~ur~e [o [he be~[ 0 knowledgo ond b~ tel. I Further cert fy tho~ this survey mee~a ~he Minimum
Gerti~coEIon )1 only for the 1ond~ deacrlbed. it is not a certlficoUon of Tttia, ZoninG. Easements. Freedom from
Evcumbronce~ or construction set res{rlctlOnnm Abettact not renewed. ~l~ SUKVOy {~ 9ub~c~
McANLY ENGINE{: ~.h;~:,. ~,~ I .:~