Resolution 2000-185
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RESOLUTION NO. 2000-~
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
RECREA TIONAL FACIUTIES IMPACT FEES, ROAD IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL
FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE
CONSTRUCTED BY BENJAMIN AND IRIS SANCHEZ AT 170 GOLDEN GATE
BL VD., IN NAPLES, 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, ColIier 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 ColIier 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, Benjamin and Iris Sanchez is seeking a 75% deferral of impact fees; and
WHEREAS, Benjamin and Iris Sanchez will construct a three (3) bedroom unit (the
"Dwelling Unit") at 170 Golden Gate Blvd., in Naples, Collier County, Florida; which is proposed to
sell for One Hundred Four Thousand Nine Hundred and Eight Dollars and 80/100 ($104,908.80), and
WHEREAS, the Dwelling Unit will be owned by a low income household, and
WHEREAS, Benjamin and Iris Sanchez submitted to the office of the Housing and Urban
Improvement Department an Affordable Housing Application dated May 5, 2000 for a 75% deferral
of impact fees for the construction of a house at 170 Golden Gate Blvd., Naples, 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. 9]-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee
Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a 75% deferral of impact fees
by qualifying for a deferral; and
- ] -
,f
D.
certificate of occupancy is issued.
NOW, THEREFORE, BE IT RESOLVED BY THE
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1.
WHEREAS, Benjamin and Iris Sanchez have qualified for a 75% deferral of impact fees
based upon the following representations made by Benjamin and Iris Sanchez:
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 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.
The Dwelling Unit shall be the Homestead of the owner.
The Dwelling Unit shall remain affordable for fifteen (15) years from the date the
BOARD OF COUNTY
The Board of County Commissioners hereby authorizes the County Administrator to
issue an Authorization for 75% deferral of impact fees to Benjamin and Iris Sanchez
for one (1) house which shall be constructed at 170 Golden Gate Blvd., Naples, Collier
County, Florida.
Upon receipt by the Housing and Urban Improvement Director of an agreement for
deferral signed by Benjamin and Iris Sanchez, 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
170 Golden Gate Blvd. Naples, Collier County, Florida by Benjamin and Iris Sanchez:
Total Impact Fee 75% Deferral
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,825.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee
Correctional Facilities Impact Fee
Total Impact Fees
$ 135.39
1,368.75
615.63
10.50
1,778.00 1,333.50
117.98 88.48
$ 4,736.34 $3,552.25
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.
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Based on 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 necessary to obtain financing to purchase the dwelling unit.
This Resolution adopted after motion, second and majority vote favoring same.
DWIGHT E:::.BROCK, Clerk
Deputy Clerk
~ttest as to Chai~.8
slga~ture only,
Approved as to fo~ and
legal sufficiency:
Thotn'~s C. P~er
Assistant County Attorney
BOARD OF CO~12~-OM4MISSIONERS
COLLIER ~.Or:INTY, FLORIDA
By: ,/~.~/~. ,~ Z~,. ~'~-
TIM T~,~Y J. CON~NTI~ CHAImAN
-3-
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EXHIBIT 'A'
LEGAL DISCRIPTION
BENJAMIN AND IRIS SANCHEZ RESIDENCE
THE EAST 75 FEET OF THE WEST 150 FEET OF TRACT 20,
GOLDEN GATE ESTATES UNIT NO. 13, ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7,
PAGE 72, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
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01:48 9414179111 PAGE 03/08
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2656480 OR: 2692 PG: 3319
RECORDBD in the OPPICIAL RECORDS of COLLIER COUNTY, PL
06/30/2000 at 08:49AM DNIGHT E, BROCK, CLERK
Retn: REC nE 37.5o
CLERK TO THE BOARD COPIES 8.00
INTEROFFICE4TH FLOOR
EX? 7240
AGREEMENT FOR 75% DEFERRAL OF COLLIER COUNTY ]~PACT FEES
Th~s Agreement for ~he 7S% Defe~al of Impac~ Fees entered into this~ day of
~ , 2000 by ~d between ~he Board of County Commissioners of Collier
County, Florida, hereinafter refe~ed ~o as "CO~TY" ~d Benjamin ~d ]r~s S~chez,
hereinafter refe~ed to as "O~ER."
WITNESSETH:
WHE~AS, Collier County Ordinance No. 99-S2, the Co~ecfiona~ Facilities Impac~ Fee;
Collier County Ordinate No. 88-97, as amended, ~he Collier County L~bra~ System Impac~ Fee
Ord~n~ce; Collier County Ordin~ce No. 99-39, ~he Collier Coumy P~ks ~d Recreational
Facilities Impac~ Fee Ordinance; Collier Coumy Ordinance No. 9]-71, as amended, ~he Collier
County Emergency Medical Se~ices System Impact Fee Ordinance; Collier CounV Ordinance
No. 92-22, as ~ended, ~he Collier Coumy Road Impact Fee Ordin~ce; ~d ~he Collier County
Ord~n~ce No. 92-33, as ~ended, ~he Collier Coumy Educational Facilities System Impact Fee
Ordinate; as they may be f~her ~ended ~om time ~o time, hereinafter collectively refe~ed
~o as "Impact Fee Ordinate", provide for waivers of ~mpact fees for new owner-occupied
dwelHn~ units qualifying as affordable housing; ~d
WHE~AS, O~ER has applied for a 7~% defe~al of impact fees as required by the
Impac~ Fee Ordinance, a copy of said application is on file in ~he office of Housing and Urb~
Improvemen~ Depammen~; and
WHE~AS, the County Admin~s~rmor or h~s designee has reviewed the O~ER's
application and has concluded that it complies whh the requirements for ~ affordable housin~
75% defe~al of ~mpac~ fees as established in ~he Impac~ Fee Ordinate; and
~B~AS, the ~mpac~ fee defe~al shall be presemed in lieu of payment of the requisite
impac~ fees subjec~ ~o satisfaction of all criteria in ~he Impac~ Fee Ordinance qualifying the
projec~ as eligible for ~ ~mpac~ fee defe~a] and
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OR: 2692 PG: 3320
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WHEREAS, the COUNTY approved a 75% deferral of impact fees for OWNER embodied in
Resolution No. 2000-/~O'" at its regular meeting of (~o,,~2~' ,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 are
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;
Owner is a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
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o
o
OR: 2692 PG: 3321
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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 $3,552.25 pursuant to the Impact Fee
Ordinance. In return for the 75% deferral of those 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. Twenty-five percent (25%) of the impact fees shall be paid to
the County upon issuance of the building permit.
SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee deferral to a subsequent OWNER, the Dwelling Unit shall be sold only to
households meeting the criteria set forth in the Impact Fee Ordinance, and the new
OWNER must assume and comply with the obligations of the former OWNER(s),
otherwise the deferral automatically ceases and the deferred impact fees immediately
become due and payable tot he County.
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
impact fees waived if the dwelling unit is used for affordable housing for a
continuous period of fifteen years after the date the certificate of occupancy is issued.
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.
3
OR: 2692 PG: 3322
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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, 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 paragraph 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
4
OR: 2692 PG: 3323
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the impact fees deferred shall constitute a lien on the Dwelling Unit commencing on
the effective date of this Agreement and continuing until repaid.
Except as set forth in paragraph 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 liens for County taxes and shall be on parity with liens 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 r~nt ' N am e '"~a~'~, ,- o ,,
Print Name
5
OR: 2692 PG: 3324
16/1,11
STATE OF t~'io,-, de, )
COUNTY OF O___ o / / ~'¢ r-)
The foregoing instrument was acknowledged before me this .
2000, by Benjamin and Iris Sanchez. They are personally
c\c,~er~ Io. ce,,sm. (type of identification) as identification.
15'q'day of '-~cc~,.~. ,
known to me or produced
~ 0 ~ %~' E~IRES: 10~4~2
-8~3-NOTARY Fla. No~ S~rvices & Bonding Co
Signature of Person T ' A--~knowledgment
DATED:
ATTEST:.: ~:
DWIGHT E. 'BROCK, Clerk
'Attest as to Chatr~'$
stg~at~'e o~15.
Approved as to fo~ ~d
legal sufficiency
Thomas C. Palmer
Assist~t County Attorney
BOARD OF ~ISSIONERS
COLLIE~UNTY, FLORIDA
uy: / /- ,{//
TI~Y J. CON~I'ANTINE, CHAIP,.MAS
jd/c/impfee/sanchez
6
OR: 2692 PG: 3325
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EXHIBIT 'A'
LEGAL DISCRIPTION
BENJAMIN AND IRIS SANCHEZ RESIDENCE
THE EAST 75 FEET OF THE WEST 150 FEET OF TRACT 20, GOLDEN
GATE ESTATES UNIT NO.13, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED 1N PLAT BOOK 7, PAGE 72, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
7
9414179111
PAGE 83/88
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