Resolution 1998-339RESOLUTION NO. 98- 339
1641/+{
RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS,
COLI.IER COUNTY. FLORIDA. AUTftORIZING $0% WAIVER/S0%
DEFERRAL OF REGIONAL WATF. R SYSTF. M IMPA('I' FF.i.;S. REGIONAl,
SI:.WI-:R SYSTI!M IMI'AC'T Flil':S. LIBRARY SYSTEM IMPACT FEES.
PARKS AND RECREATIONAL FACILITIES IMPACT FEES. ROAD
IMPACT FEES, EMERGENCY MEDICAL SERVICES SYSTEM IMPACT
FEES AN[) EDUCATIONAl. FACILITIES SYSTEM IMPACT FEES FOR
ONE IIOUSE TO BE CONSTRUCTED BY GISELE PLANCHER AT 5369
MARTIN STREET, NAPLES MANOR ADDITION, COLLIER COUNTY,
FLORIDA.
\VI iEREAS. ('oilier County has recognized anti attempted to address thc lack of adequate
and affordable housing tbr moderate, low, ami very-low income households in thc County anti
ti~e need For creative and innovative programs to assist in thc provision of such housing by
including several provisions in thc Collier County Growth Management Plan, including:
objective 1.4. policy 1.4.1; objective 1.5, policy 1.5.2. policy 1.5.3, policy I.$.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 ol' ll~e l lotmsing Element; and
'~VItEREAS. ('oilier ('ounty has received fimding pursuant to the State Housing
Initiatives Partnership Program set I'orth in Section 420,907 el. se~., Florida Statutes and Chapter
91-37, Florida Adminislrative Code: and
WIIEREAS. in accordance with Collier County Ordinance No. 93-19. the County is
authorized lo usc funding from Slate IIousing Initiatives Partnership [SttlP] Program for waivers
of Collier County impact fees; and
WHEREAS. Giscle Planchcr is seeking a 50% waiver/50% deferral of 100% of impact
fees; and
WHEREAS. Gisclc Planchcr will construct one (4) four bedroom unit (thc "Dwelling
Unit") at 5369 .Martin Street, Naples Manor Addition. Collier County. Florida. which is proposed
to cost One It undrcd Three Thousand Nine I lundrcd Dollars ($103.900.00); and
WttEREAS. thc Dwelling Unit will be owned by a low income household, and
WHEREAS, Gisclc Plancher submitted to the office of Housing and Urban Improvement
an Affordable ttousing Application dated August 6, 1998 for a 50% waiver/50% deferral of
impact fees for thc construction of a house at 5369 Marlin Street, Naples Manor Addition.
Collier County. Florida. a copy of said application is on file in thc Housing and Urban
Improvement [)cp;~nmcnt; and
WHEREAS. in accordance with Section 3.04 of the Regional Water System Impact Fcc
Ordinance. Ordinance No. 90-86. as amended: Section 3.04 of Iht Regional Sewer Syslcm Impact Fcc
Ordinance . Ordinance No. 90-87. as amended: Section 3.04 of thc Library System Impact Fcc
Ordinance. Ordinance No. 88-07. :is anmndcd; Section 4,05 of thc Parks anti Recreational
Facilities hnpacl Fee Ordinance. Ordinance No. 88-96. as amended: Section 3.04 of Ihe Road
Impact Fee Ordinance. Ordinance No. 92-22, as amended; Section 3.05 of the Emergency
Medical Sen'ices System Impact Fee Ordinance. Ordinance No. 91-71. as amended; and Section
3.05 of the FAucational Facilities System Impact Fcc Ordinance. Ordinance No. 92-33. as
amended: an applicant may obtain a 50% waiver/50% deferral of impact fees by qualifying for a
waiver; and
WHEREAS, Gisele Plancher has qualified for a 50% waiver/50% deferral based upon thc
following reprcsenlations made:
A. Thc Dwelling Unit shall be owned by a first-time home buyer.
il. Thc Dwelling Unit shall bc owned by a household with a Iow income level as that
Icrm is defined in thc Appendices to the rcspectivc Impact Fee Ordinances and the
monlhly payment to pvrchasc thc 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. Thc Dwelling Unit shall remain affordable for fifteen (15) years from tile date lhc
certificate of occupancy is issued.
NOW. TItEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNIY. FLORIDA, that:
!. Thc Board of County Commissioners hereby authorizes the County Administrator to
isst;e an Authorization for 50% v,'aiver/50% deferral of impact fees to Giscle
Planchcr For one (1) house which shall be constructed at 5369 Marlin Street, Naples
Manor Addition, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for
waiver/deferral signed by Gisele Plancher, or other documentation acceptable to the
('ounty Attorney. thc Board of County Commissioners hereby authorizes thc payment
bv Collier Cotinty of the following impact fees from tile Affordable }lousing Trust
Fund, Fund (191), in the following amounts for thc onc (1) house to be built at $369
Martin Street. Naples Manor Addition, Collier County, Florida by Giscle Plancher:
a) Library Impact Fee $ 180.52
b) Road Impact Fee 1,379.00
c) Parks and Recreational Facilities
Impact Fee
Regional Parks 179.00
Community Parks 399.00
d) EMS Impact Fee 14..00
c) Educational Systems Impact Fee !,778.00
f) Water Impact Fees 900.00
g) Sewer Impact Fees !.340.00
TOTAl. IMPACT FEES $6,169.52
3. The paynmnt of impact Fees by Collier County is subject to the execution and
recordation of an Affordable Housing Agreement ['or payment of Collier County
hnpact Fees between thc property owner and/or purchaser and the County.
This Resolution adopted after motion, second and majority vote favoring same.
ATTEST: BOARD OF COUNTY
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
At °~'., :'.:, t;, Chairman's
signature onl!.
Approved as to form and
legal sufficiency
H~idi ~.-'A~htoh~ /
Assistant County Attorney
jd/c/reso plancher
EXIIIBIT 'A'
LOT 23, BLOCK 9, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGES
67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
EXHIBIT "A"
16A141
AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF 100% OF
This
COLI,IER COUNTY IMPACT FEES
Agreement for the Waiver of Impact Fees entered into this /.sT day of
, 1998 by and between the Board of County Commissioners of Collier o,.,~...°
County, Florida, hereinafter referred to as "COUNTY" and Gisele Plancher, hereinafter referred
to as "OWNER."
WITNESSETH'
WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County
Library System h'npact Fee Ordinance; Collier County Ordinance No. 88-96. as amended, the
Collier County ~arks and Recreational Facilities Impact Fee Ordinance: Collier County
Ordinance No. 91-71 as amended, the Collier County Emergency Medical Se~iccs System
Impact Fcc 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, ~he Collier
County Educational Facilities System Impact Fcc Ordinance, as they mav be timber amended
from time to time hereinafter collectively refe~ed to as "hnpact Fee Ordinance", provide for
waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing;
WHEREAS, OWN[R has applied for a 50% waivcffSO% dcfe~al of impact fees as
required by thc Impact Fcc 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 50%
waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver/deferral 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/deferral and
2457 PG: 2660
WHEREAS. the COUNTY approved a waiver/deferral of impact fees for OWNER
en'lbodied
in
Resolution
98 Jd_d_~t
regularmcctingof. , a,~7~, / , 1998; and
No.
its
\VHEREAS, thc Impact Fee Ordinance requires that the OWNER enter into an
Agreement with tile COUNTY.
NOW, THEREFORE, in consideration of thc foregoing recitals, tile parties covenant and
agree as follows:
1. RECITALS INCORPORATED. Thc foregoing recitals arc true and correct and shall
bc incorporated 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 incorporated by reference
herein.
3. TERM. OWNER agrees that tile Dwelling Unit shall remain as affordable housing
and shall bc offered for sale in accordance with thc standards set forth in the
appendices to tile Impact Fee Ordinance for a period of fifteen (15) years
commencing from the date the certificate of occupancy is issued for thc Dwelling
Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc
£ollowing:
a. Owner maintoins a household with a Iow income as defined in thc
appendices to the Impact Fee Ordinance and the montMy payments to
purchase the Dwelling Unit must be within the affordable housing
guidelines established in the appendices to thc Impact Fee Ordinance;
b. O~vner is a first-time home buyer;
c. The Dwelling Unit shall be the homestead ofowner;
2
OR: 2457
PG: 2661
d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years
from the date the certificate ofoccupancy 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 $6,169.52 pursuant to the Impact Fee
Ordinance. In return for the 50%waiver/50% deferral of thc impact fees
owed by OWNER, OWNER covenants and agrees to comply with the
affordable housing impact fee waiver qualification criteria detailed in thc
hnpact Fee Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to thc
impact fcc waiver/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 (I 5) year period after the date the ccrtificatc of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such
period, thc impact l'ces 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 ofoccupancy is issued.
7. LIEN. The waived/deferred impact fees shall be a lien upon the propcrty which lien
may be lbreclosed upon in the event of non-compliance with the requirements of this
Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion ofthe 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
OR: 2457 PG: 2662
16 1
fees, the COUNTY si'mil, 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.
BINDING EFFECT.
Agreement and their
9. This Agreement shall be binding upon the panics to this
respective heirs, personal representatives, successors and
assigns. In the case of sale or transfer by gift of the Dwelling Unit, thc original
OWNER shall remain liable for thc impact fees waived/deferred until said impact fccs
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 thc Dwelling Unit until thc provisions of Section 8 arc satislicd.
I0. RECORDING. This Agreement shall be recorded by OWNER at thc cxpcnsc of
OWNER in thc Official Records of Collier County, Florida, within sixty (60) days
after execution of this Agreement by the Chaimmn of thc Board of County
Commissioners.
I 1. DEFAULT. OWNER shall be in default of this Agreement (i) where OWNER fifils
to sell thc Dwelling Unit in accordance with thc affordable housing standards and
quell fication criteria established in thc Impact Fee Ordinance and thereafter fails to
pay thc impact fees within 30 days of said non-compliance, or (2) where OWNER
violates onc of the afford~blc housing qualification criteria in thc Impact Fee
Ordinance for a period of thirty (30) days after notice of thc violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during thc fifteen {15) year period or should
OWNER violate any provisions of this Agreement, the impact fees waived/deferred
shall bc paid in full by OWNER within 30 days of said non-compliance. OWNER
agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling
Unit commencing on the effective date of this Agreement and continuing until repaid.
4
OR: 2457 ?G: 2663
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
dcfault 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 thc
COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the
Board in cnf'orcing this Agreement, plus interest at thc 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 tile date and year first above written.
,:..Print Nanle :,...:~/ ..... ff_>:,=.
OWNER:
Gisele Planch~r-
STATE OF '"-~_~'~,, ~', ,.'( .-,..,
COUNTY OF d./~./'~,. ',~-
)
)
The foregoing instrument was acknowledged before mc this /'~ day of
,/~'2,..',~/~.., /~- , 1998, by Gisele Plancher. Sheik--personally-known-to-mo or produced
.'' ~..'/~- (type of identification) as identification.
[NOTARIAL SEAL,~.' ,:'v,
ATTEST:
DWIGHT E. BROCK, Clerk
Attest as to Chairman's
signature
OR: 2457
BOARD OF COUNTY COMISSIONERS
COLLIER COUNTY, FLORIDA
Barba~ B. Berry, ~hairn~an ",,~!~
PG: 2664
Approved as to form and
legal sufficiency
Heidi F. Ashton
Assistant County Attorney
jd/c/agreemcnts.,'plancher
6
OR: 2457
PG: 2665
16~1
EXHIBIT 'A'
LO/23, BLOCK 9, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGES
67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
EXHIBIT "A"
OR:
2457
PG: 2666
16A14