Resolution 1998-340 thru 352RESOLUTION NO. 98-~
16A201
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY. FLORIDA. AUTHORIZING WAIVER OF LIBRARY
SYSTEM IMPACT FEES. PARKS AND RECREATIONAL FACILITIES
IMPACT FEES. ROAD IMPACT FEES. EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE }lOUSE TO BE CONSTRUCTED BY HABITAT
FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 20. BULLARD
SUBDIVISION, IMMOKALEE.
WIIEREAS, Collier County has recognized and altcmptcd to address thc lack of adequate and
affordable housing for moderate, Iow, and very-low income households in the County and thc need for
creative and innovative programs to assist in the provision of such housing by including several provisions
in thc Collier County Growth Management Plan, including: objective 1.4, policy 1.4. I; objective 1.5, policy
1.5.2. policy 1.5.3. policy 1.5.4, policy 1.5.5, policy 1.5.6; objective i.6, policy 1.6.3: objective 2. l. policy
2.1. l, policy 2.1.2. policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the ltousing Element; and
WHEREAS. ('oilier County has received funding pursuant to the State Housing Initiatives
Partnership Program set forth in Section 420.907 r.l. seq., Florida Statutes and Chapter 91-37. Florida
Administrative Code; and
WHEREAS. in accordance v.'ith Collier County Ordinance No. 93-19, the County is authorized to
use funding from the State Housing Initiatives Parlncrship [SHIP] Program for waivers of Collier County
impact fees; and
WHEREAS. Habitt, t for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS. [{abitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit
(thc "Dwelling Unit") on Lot 20, Bullard Subdivision, Immokalee which is proposed to sell for Forty-Six
Thousand Five Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very Iow income household which is
required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the
house: and
WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc.,
submiltcd lo thc Office of l lousing and Urban Improvement an Affordable ttousing Application daled
August 6, 1998 for a waiver of impact fees for thc construction ora house on Lot 20 Bullard Subdivision,
lmmokalce, 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 Library System Impact Fee Ordinance,
Ordinance No. 88-97. as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee
Ordinance. Ordinance No. 88-96. as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance
No. 92-22. as amended: Section 3.05 of lhe Emergency Medical Services System Impact Fee Ordinance.
Ordiwmce No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee
- 1 -
16A20
Ordinance, Ordinance No. 9~-33. as amended; an appficant may obtain a waiver of impact fees by
qualifying for a wab.'cr: and
WIfEREAS. Ilabitat for Humanity of Collier County, Inc. has qualified for an impact fcc waiver
based upon thc following rcpresenlations made by tlabitat for Humanity of('ollier Co:rely. Inc.:
A. Tile Dv.'elling Unit shall he sold to a first-time home buyer.
B. Tile Dwelling Unit sh;.ll be sold to a household with a very Iow income level as that term is
defined in the Appendices to tile respective Impact Fee Ordinances and thc monthly payment
to purchase the unit must be within the affordable housing guidelines established in the
Appendices to thc respective h'npact Fcc Ordinances.
C. Tile Dwelling Unit shall be the llomcstcad ortho owner.
D. 'File Dwelling Unit shall remain affordable for fifteen {15) years from tile date thc certificate
of occupancy is issued.
NOW THEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS
OF COLLIER ('OUNTY. FI,ORIDA, thai:
1. 'File Board of County Commissioners hereby authorizes thc County Administrator lo issue
an ,,\u01orization for waiver of impact fees to Itabitat for ttumanity of Collier County. Inc.
fbr one (1~ house which shall be constructed on Lol 20 Bullard Subdivision. Immokalee.
Collier County, Florida.
2. Upon receipt by the [-lousing and Urban Improvement Director of an agreement for waiver
of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser.
or other documentation acceplable to the County Attorney. the Board of County
('ommissioncrs hereby authorizes the payment by Collier County of thc following impact
fccs from thc Affordable l tousing Trust Fund, Fund {I 9IL in thc £ollowing amounts for thc
one (I) house to be built on Lot
t lumanity of Collier County. Inc.:
A. Library Impact Fee
t3. Road Impact Fcc
C. Parks and Recreational Facilities
hnpact Fee:
( 1 ) Community Parks
(2) Regional Parks
D. EMS Impact Fee
E. Educational Facilities System
Impact Fcc
Total Impact Fees
20 Bullard Subdivision, Immokalee by Habitat for
$ 180.52
1,379.00
399.00
179.00
14.00
$ !.778.00
S 3,929.52
- 2 -
16A20
3. Thc paymcnt o£Jmpact £ees by Collicr Counly is subjcc! to thc cxccufion and recordation or
an Agrccmcnt For Wa;vcr o£Collier County Impact Fees bctwccn thc pmpcrty owner and/or
purchaser and thc County.
This Rcsolution adoptcd a~tcr motion, sccond and majority volc favoring samc.
/
ATTEST:
"DWIGHT E. BROCK. Clerk
$tc-tnature o~ )~.
Approved as to fo~ and
legal su~ciency:
Heidi F. Ashton
Assistant County Atlomey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
jd,'gm'c/bullard reso
- 3 -
EXIIlBIT "A~
LEGAl. DESCRIPTION - BULLARD SUBDIVISION
I.OT 20, BULI.ARD SUBDIVISION, ACCORDING TO THE PLAT
BOOK TtlEREOF, AS RECORDED IN PLAT BOOK l?, AT PAGES 76
AND 77, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY,
FI.ORIDA.
- 4 -
2367378 OR: 2457 PG: 2738
C~IR[ ?O ?~! ~0AR0 I~I¢0R01D ~11 tile 0~[¢~/, llC0RO$ of C0~[li C0~, ~ ~
git 7240 C0~IIS
AGREEMENT FOR WAIVER OFCOLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees cntcred into this _/'day of~r~ 1998, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hcrcinaficr referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County
Library System hnpact Fcc Ordinance; Collier County Ordinance No. 88-96, as amended, the
Collier County Parks and Recreational Facilities Impact Fcc Ordinance; Collier County
Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System
Impact Fcc Ordinance; Collier County Ordinance No. 92-22, as amended, thc Collier County
Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33. as amended, the Collier
County Educaticmal Facilities System hnpact Fee Ordinance, as they may be timber amended
from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for
waivers of impact fecs for new owner-occupied dwelling unit qualifying as affordable housing;
and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the hnpact
Fcc Ordinancc. a copy of said application being on file in the office of Housing and Urban
Improvement; 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 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
hnpact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible ~'or an impact fee waiver; and
- 1 -
OR: 2457 PO: 2739
VeHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied ~ 6 ~
Resolution No. 98- )y/o' at its regular meeting of' ,d~~ / ,1998; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement xvith the COUNTY.
NOW, THEREFORE, in consideration of thc foregoing ,'ecitals, tile 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" anti incorporated by reference
herein.
3. TERM. OWNER agrees ti;at the Dwelling Unit shall remain as aflbrdable hot,sing in
accordance ',,,'/th lhe standards set forth in the appendices to the Impact Fee Ordinance for n
period of fifteen (15) years commencing from the date tile certificate of occupancy is issued for
the Dwelling Unit.
4.
following:
REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc
The Dwelling Unit shall be sold to a household with a very low income as
defined iii tile appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
Tire Dwelling Unit shall be the homestead ofowner;
The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date tile certificate of occupancy is issued for lh¢ Dwelling
Unit; and
- 2 -
OR: 2457 PG: 2740
l& 20
c. OWNER Is thc owncr of record of thc Dwclling Unit and owcs impact
fees in thc total amount of ..53,929.52 pursuant to the Impact Fcc
Ordinance. In return for thc waiver o£ the impact fces owed by OWNER,
OWNER covenants and agrees to comply with thc affordable housing
impact fcc waiver qualification criteria detailed in thc h'npact Fcc
Ordinance.
5. SUBSEQUENT TRANSFER. IfOWNER sells thc Dwelling Unit subject to thc
impact fee waiver to a subsequent purchaser, the Dwelling Unit shall bc sold only to households
meeting the criteria set forth in the Impact Fcc Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fifteen (15) year period aftcr thc date thc ccrlificate of occupancy is
issued; and if thc Dwelling Unit ceases to be utilized for that purpose during such period, thc
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. Thc waived impact fees shall be alicn upon thc Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance w/th thc requirements of this Agreement.
S. REI. EASE OF [.IEN. Upon satisfactory completion of thc Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of' the waived impact fces, the COUNIY shall, at the expense of the COUNTY,
record any necessary documentation evidencing the termination of thc lien, including, but not
limited to, a release oflien.
9. BINDING EFFECT. This Agreement shall be binding upon the panics 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 mn with the land and
shall remain a lien against the Dwelling Unit until thc provisions of Section 8 are satisfied.
- 3 -
OR: 2457 PG: 2741
16 20
10. RECORDING. This Agreement shall be recorded by OWNER at tlie expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chaimmn of the Board of County Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement (i) where OWNER
fails to comply witli the affordable housing standards and qualification criteria established in tlic
Impact Fcc Ordinance and thereafter fails to pay the impact fees due within thirty (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 fifteen (15) days after notice of thc violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria for fifteen (15)days after notice of violation, or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be paid in full bb· OWNER within
thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived sliall
constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (I5) years from the date of issuance of the certificate of occupancy or until
repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, morlgagee, 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 thc default is not cured within (30) days after written notice to OWNER, thc
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or other.vise 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 fees and costs, including attorneys
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.
- 4 -
IN WITNESS WHEREOF, the parties have executed this
Impact Fees on the date and year first above written.
OR: 2457 ?G:1 2742
Agreement for Waiver of
ATTEST:
DWIGHT E. BROCK, Clerk
OWNERS:
HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC.
aries C. Smi!,.l~, V_~Pr~siaent
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Approved as to form and
legal sufficiency
H'ei'-di F. ~shton ' ~)"
Assistant County Attorney
0
STATE OF Florida )
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this ...2t/ day of/~-.'~.~ 6
by Charles C. Smith,
known to me.
[NOTARIAL SEAL]
.jd/g,'~cgoullard/agreement
, 1998,
Vice President of Habitat for ttumanity of Cc~'ilier County, Inc. He is personally
,Sign~ature of Person Taking Ackn~o~ledgnle_nU
- 5 -
OR: 2457 PG: 2743
16~20
EXHIBIT "A"
LEGAL DESCRIPTION - BULLARD SUBDIVISION
LOT 20, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS
RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
- 6 -
I
T~AFFOI~O
*** OR: 2457 PG: 2744 ***
16~20
RESOLUTION NO. 98- 2, q/
RESOI.UTION OF TIlE BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA. AUTHORIZING WAIVER OF LIBRARY
SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES
IMPACI FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE ItOUSE TO BE CONSTRUCTED BY HABITAT
FOR ItUMANITY OF COLLIER COUNTY, INC., ON LOT 21, BULI.ARD
SUBDIVISION. hMMOKALEE.
WItEREAS. ('cHI/er County has recognized and atlcmptcd to address the lack of adequate and
affordable housing for moderate, lox,,', and very-low income households in the County and thc need for
creative and innovative programs to assist in the provision of such housing by including several provisions
in thc Collier ('ot,nty Growth Management Phm, including: objective 1.4. policy 1.4. !; 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 !.6.3; objective 2.1, policy
2. I. l. policy 2.1.2. policy 2.1.3. policy 2.1.5. ;md policy 2.1.6 of the Housing Element: and
\VIII-~RI-~AS. Collier County has received funding pursuant to the State tlousing Iniliativcs
Pannership Program sci forth in Section 420.907 ct. seq.. Florida Statutes and Chapter 91-37. Florida
.-\dministrati,. c ('adc;
WHEREAS. in accordance v,'hh Collier County Ordinance No. 93-19, the Covnty is authorized to
usc funding from thc State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County
impact fees; and
WI-tEREAS, ~labitat Ibr ltumanity of Collier County, Inc. is seeking a waiver of impact fees; and
WIIEREAS. ttabitat for Humanity of Collier County, Inc. will construct one ~1 ) Ihrce-bedroom unit
(thc "Dwelling Unit"} on Lot 21. Bullard Subdivision, immokalee which is proposed to sell for Forty-Six
Thousand Five ttundrcd Dollars ($46.500.00); and
WItEREAS, thc Dwelling Unit will be purchased by a very low income household which is
required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to Iht
house; and
\\'l IER F...\S..\Ir. Charles ('. Smith. Vice President of Ilahitat for Humanity of Collier County, Inc..
submitted to thc Office of I lousing and Urban Improvement an Affordable I Iousing Application dalcd
August 6. 1998 for a waiver of impact fees for the construction ora house on Lot 21 Bullard Subdivision.
Immokalec. a cop.,,' of said application is on file in the Housing and Urban Improvement Department; and
WHEREAS. in accordance with Section 3.04 of the Library System Impact Fee Ordinance,
Ordinance No. 88-97. as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee
Ordinance. Ordinar~ce No. 88-96, :,s amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance
No. 92-22. as ;,'ncndcd: Seclion 3.05 of the Emergency Medical Sen'ices System Impact Fee Ordinance,
Ordinance No. 91-71. as amended: and Section 3.05 of the Educational Facilities System Impact Fee
- 1 -
Ordinance, Ordinance No. 92-33, as amended: an applicant may obtain a waiver of impacl fees by
qualifying for a waiver; and
WI-[EREAS. Itabitat for Humanity of ('oilier Cot, nty, Inc. has qualified for an impact fcc waivcr
based upon thc follov, ing representations made by tlabilat for llumanity of Collier County, Inc.:
A. Thc Dwelling Unit shall be sold Io a first-time home buyer.
B. Thc Dwelling Unit sh~'[I bc sold to a household with a very Iow income lcvcl as that tcrm is
defined in the Appendices to thc respective Impact Fee Ordinance~ and Ih¢ monthly payment
to purchase tile unit must be within thc affordable housing guidelines established in the
Appendices to thc respective Impact Fee Ordinances.
C. Thc Dxx oiling Unit shall be thc tlomcstead ortho owner.
D. Tile Dwelling Unit shall remain affordable for fifteen (15) years from the date thc certificate
of occupancy is issued.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA, that:
l. The Board of County Commissioners hereby authorizes the County Administrator to issue
:,n Aulhorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc.
IZr one ( ) house which shall be conslructed on Lot 21 Bullard Subdivision. Immokalec.
Collier Cotmty, Florida.
2. Upon receipt by the ftousing and Urban Improvement Director ofan agreement for waiver
of impact fees signed by ltabitat for Hr,inanity of Collier County, Inc., and/or the purchaser,
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 I'mm tile Affordable Housing Trust Fund. Fund (191), in the following amounts for the
one fl) house to be built on Lot 21 Bullard Subdivision, Immokalee by Habitat for
ltumanity of Collier County, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
{ I ) Community Parks 399.00
(2) Regional Parks 179.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee S 1.778.00
Total Impact Fees $ 3,929.52
- 2 -
,l ZO-
3. Thc payment of impact tees by Collier County is subject to thc execution and recordation of
an Agreement i'or Waiver of Collier County Impacl Fees between Ihe property owner and/or
purchaser and tile County.
This Resolution adopted after motion, second and majority vote £avoring same.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
: At'est as to
signature ontl.
Approved as 1o form and
legal suflicicncy:
· 1~. 3, shton ....
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Bar~-r'a B:-b~,C"~irma~'' ~
jd/gmrc/bullard.'reso
- 3 -
16A20'
EXIlIBIT
I.EGAL DESCRIPTION . BULLARD SUBDIVISION
I.OT 21, BULLARD SUBDIVISION, ACCORDING TO THE PI.AT
BOOK THEREOF, AS RECORDED IN PI.AT BOOK 27, AT PAGES 76
AND 77, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY.
FI.ORIDA.
- 4 -
z
i
,,=,: 2367379 OR: 2457 PG: 2745
CLI]~I TO TH! f~OJO0 I~iCORDID in ~be O~IClA~ U~S o~ ~III ~, ~
IITIROffICl 4TH FL~i 0~/02/~8 a~ 10:3J~ Drift I. el~[, CLII[
RIT 7240
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
16 20
COM~$ 7.00
This Agreement for the Waiver of Impact Fees entered into thls,~ ;day of_ ,1998, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc.. hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 88-97, as amended, thc Collier County
Library, System Impact Fee Ordinance; Collier County Ordinance No. 88-96. as amended, thc
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, thc Collier County
Road Impact Fee Ordinance: and Collier County Ordinance No. 92-33, as amended, the Collier
Count.,,, Educational Facilities Systcm Impact Fcc Ordinance, as they may be furlhcr amended
from time to time hereinafter collectively referred to as "impact Fee Ordinance", provide for
waivers of impact fees for new owner-occupied dwelling unit qualifying as aflbrdablc housing;
and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in thc office of l-{ousing and Urban
Improvement; 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 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 ali criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
- 1 -
OR: 2457 PG: 2746
WHEREAS, the COUNTY approved a waiver of impact Fees for OWNER embodied 1~
6
0
Resolution No. 98- Jr/ at its regular meeting of ~.~~~/~._..· / ,1OOg; and
WHEREAS, the Impact Fee Ordinance requires lhat the O~ER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration oFlhe foregoing recitals, the pmies covenant and
agree as follows:
I. RECITAES INCORPORATED. The foregoing recitals are tree and co~ect and shall
be inco~orated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan is atlached hereto as Exhibit "A" and info.orated by reference
herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in
accordance with the standards set fo~h in the appendices to thc Impact Fcc Ordinance for a
period of fifteen (15} >'ears commencing from the date the certificate of occupancy is issued for
the Dwelling Unit.
REPRESENTATIONS AND WAR~NTIES. O~t~ER r~rcscnts and wagants the
following:
Thc Dwelling Unit shall be sold to a household with a ,,'cry Iow income as
defined in the appendices to thc Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within thc
affordable housing guidelines established in thc appendices to thc lmpact
Fcc Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from thc date the certificate of occupancy is issued for the Dwelling
Unit; and
- 2 -
OR: 2457 PG: 2747
16 20
e. OWNER is thc owner of record of the Dwelling Unit and owes impact
fees in the total amount of $3,929.52 pursuant to the Impact Fee
Ordinance. In return for the 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 thc Dwelling Unit subject to thc
impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. Thc Dwelling Unit must be utilized for
affordable housing for a fifteen (15) year period after thc dale the certificate of occupancy is
issued; and if thc Dwelling Unit ceases to be utilized for that purpose during such period, thc
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien ma)' be foreclosed upon in thc event of
non-compliance with the requirements of this Agreement.
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, the COUNTY shall, at the expense of the COUNTY,
record any necessary documentation evidencing the termination of thc lien, including, but not
limited to, a release of lien.
9. BINDING EFFECI. 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.
- 3 -
OR: 2457
PG: 2748
16 20
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) 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 (!) where OWNER
fails to comply with the affordable housing standards and qualification criteria established in thc
Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (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 fifteen (15) days after notice of the violation.
12. REMEDIES. Should tile OWNER of the property fail to comply with thc said
qualification criteria for fifteen (15) days after notice of violation, or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thirty (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 for fifteen (15) years from the date of issuance of the certificate of occupancy or until
repaid. 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 thc lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or othenvise enforced by the COUNTY by action or suit in equity as for thc 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 fees and costs, including attorneys
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.
- 4 -
IN WITNESS WHEREOF, the parties hav
Impact Fees on the date and year first above written.
executed this
OR: 2457 PG: 2749
16 20
Agreement
for Waiver of
OWNERS:
HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC.
L~fiarl~s C. Smi~-~President
., ,. ATTEST:
· DWIGHT E. BROCK, Clerk
A'~roved ~s to fo~ and
: legal sufficiency
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bar-~-~ ]~rry,
STATE OF Florida )
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this o0.9/ day of ~'.'.~,,, ~,.
by Charles C. Smith,
known to me.
.. [,NOTARIAL SEAL]
~ 'Jd/~rn/c/bullard/agreeme nt
, ! 998,
Vice President of Habitat for Humanity of Collier County, Inc. He is personally
S~gg~6m of Person Taking Acknow~
Nme ofAcknowledger T~, Printed or ~?~ ~
- 5 -
OR: 2~57
PG: 2750
16A20
EXHIBIT "A"
LEGAL DESCRIPTION - BULLARD SUBDIVISION
LOT 21, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS
RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
- 6 -
z
£
~,~r(~:~o ~.C~3 (SR S-O',O)
t.~£
!
-,o ~
I
I
!
· I
!
!
L.
80' R/w (CX~$~¢) ~-.
*** OR: 2457 PG: 2751 **'
15~20
RF. SOI.UTION NO. 9fi-_._~'~
RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS,
COI.LIER COUNIY, FLORIDA, AUTHORIZING WAIVER OF LIBRARY
SY.SIEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES
IMI'ACT FEES. ROAD IMPACT FEES, EMERGENCY MEDICAl,
SERVICES IMPACT FEES AND EDtlCATIONAL FACII,ITIES SYSTEM
IMI)ACT FEES FOR ONE IIOUSE TO BE CONSIRUCTED BY itABIIAT
FOR [IUMANITY OF CO[,I.IER c~'OUNTY. IN{'.. ON [,OT 22, B[J[.LARD
SUBDIVISION. IMMOKAI.EE.
WttEREAS. ('oilier County has recognized and attempted to address the lack of adequate and
affordable housing for mod(rate. Iow. 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 thc Collier Count,,,' Growth Management Plan. including: objective 1.4. policy 1.4. I: objective 1.5, policy
1.5.2, policy 1.5.3. policy 1.5.4. policy 1.5.5. policy 1.5.o; obj¢clivc 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.(') of the ilousing Element: ami
WIfEREAS. ('oilier County has received funding pursuant lo thc Slate IIousing Initiatives
Panncrship l'rogram sc( forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37. Florida
Administrative Code; anti
WtlEREAS. io accordance u,'ith ('oilier County Ordinance No, 93-19, thc County is authorized to
usc funding from thc State I lousing Initiatives Parlncrship [StlIP] Program for waivers of Collier Connty
i~npact fees: and
WItF. REAS. Itabitat for Humanity of Collier County. Inc, is seeking a waiver of impact fees: anti
\VILE R EAS. Habitat for l lumanity of Collier County, inc. will construct one 1'I) three-bedroom unit
(the "Dwelling Unit") on Lot 22. Bullard Subdivision. hnmokalce which is proposed ~o sell for Forty-Six
Thousand Five tttundrcd Dollars ($46,500.00): and
WItF. REAS. the Dwelling Unit will be purchased by a very Iow income household which is
required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to thc
house; and
V~'IIEREAS. Mr. Charles C. Smith, Vice President of ttabitat for Humanily of Collier County. Inc..
submitted to the Office of ltousing and Urban Improvemem an Affordable Housing Application dated
August 6. 1998 for a waiver of impact fees for thc construction ora house on Lot 22 Bullard Subdivision.
lmmokalcc. ~ copy ol'said application is on file in the Housing and Urban Improvement Department; and
WItER[!AS, in accordance with Section 3.04 of thc Library System Impact Fee Ordinance,
Ordinance No. 88-97. as amended: Section 4.05 o£ the Parks and Recreational Facilities lmpact Fcc
Ordinance. Ordinance No. 88-96, as amended; 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; and Section 3.05 of the Educational Facilities System Impact Fcc
- 1 -
Ordinance, Ordinance No.
qu;fiifying fi~r a w;Jiver: and
92-33. as amended; an applicant may obtain a waiver of impact fees by
WIIEREAS. ftahitat for tlumanity of Collier (_'ounty. Inc. has qualified for an impact fcc waiver
based upon the following representations made by ttabitat for llumanity of Collicr County. Inc.:
A. 'file Dwelling Unit shall be sold to a first-time home buyer.
B. Thc Dwelling Unit shal~ be sold to a household with a very Iow income level as that term is
defined in thc Appendices to the respective Impact Fee Ordinances and tile monthly payment
to purchase the unit must be within thc affordable housing guidelines established in thc
Appendices Io tl~c respective hnpact Fee Ordinances.
C. Thc Dwelling Unit shall be thc Homestead ortho owner.
D. Thc Dv.'clling 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:
I. Tile [3oard of Counly Commissioners hereby authorizes the County Administrator to issue
an Authorization ['or waiver of impact fees to Habitat for Humanity of Collier County, Inc.
for one (I) house which shall be constructed on Lot 22 Bullard Subdivision, lmmokalce,
Collier ('ounty. Florida.
2. Upon receipt by the ltousing and Urban Improvement Director of an agreement for waiver
of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser,
or other documentation acceptable to the County Attorney, the Board of County
Commissioners hereby authorizes the payment by Collier County of thc following impact
fees from tile Affordable Housing Trust Fund, Fund (191), in the following amounts for the
one (I) }louse to be built on Lot 22 Bullard Subdivision, Immokalee by Habitat for
Humanity of Collier County, Inc.:
A. Library Impact Fee S 180.52
[3. Road Impact Fcc 1,379.00
C. Parks and Recreational Facilities
Impact Fcc:
( I ) Community Parks 399,00
(2) Regional Parks 179.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee $ 1.778.0~)
Total Impact Fees $ 3,929.52
- ;2 -
3. The paymcnl or' impact t'ecs by Collicr County is subjcct to thc cxccution a~d rccordation of
an Agrcemcnt For Waivcr ol'Collicr County Impact Fccs bctwccn thc propcrty owncr and/or
purchaser and thc County,
This Resolution adopted after motion, sccoml and majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, Clerk
~na~ure on/].
Approvcd ~s to ~om~ ~nd
lcfii su~ficicncy:
~di F~-~Sh[on
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
jd/gm~ctbullard./reso
- 3 -
EXHIBIT "Ax
LEGAl. DESCRIPTION - BULLARD SUBDIVISION
LOT 22, BULI.ARD SUBDIVISION, ACCORDING TO THE PLAT
BOOK TIlEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76
AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
- 4 -
0
L
LA~£ lRxFroeo , ~Oxo (SR $-~$0)
2367380 OR: 2457 PG: 2752
AGREgMgNT FOR WAIVER OF COLLIER COUNTY IMPA~ FggS
16A20
33.00
7.00
This Agreement lbr tile Waiver of Impact Fees entered into this/~day of~ 1998, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc.. hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 88-97, as amended, tire Collier County
Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the
Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County
Ordinance No. 91-71. as amended, the Collier County Emergency Medical Ser¥iccs System
Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County
Road Impact Fcc Ordinance; and Collier County Ordinance No. 92-33. as amended, tire Collier
County Educational Facilities System Impact Fcc Ordinance. as thc)' 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 unit qualifying as affordable housing;
and
WHEREAS. OWNER has applied for a waiver of impact fees as required by thc Impact
Fee Ordinance. a cop>' of said application being on file in the office of Housing and Urban
Improvement; 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 ,waiver
of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fcc waiver shall be presented in lieu of payment of tire 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
- I -
following:
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 98-~ at i:s regular meeting of ~Z~,~.~" / , 1998; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of lhe foregoing recitals, the panics covenant and
agree as follows:
1. RECITALS INCORPORATED. Tile foregoing recitals are tn, e 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 in
accordance with thc 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 fi~r
the Dwelling Unit.
REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
The Dwelling Unit shall be sold to a household with a ,,'er), iow income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
Thc Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dxvelling
Unit; and
- 2 -
OR: 2457 PG: 2754
16 20
c. OWNER is thc ov,'ncr of record of the Dwelling Unit and owes impact
fees in thc total amount of S3,929.52 pursuant lo the Impact Fee
Ordinance. In return for the waivcr of the impact fees owed by OWNER,
OWNER covenants and agrees to comply with thc affordable housing
impact fcc waiver qualification criteria detailed in the Impact Fcc
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells thc Dwelling Unit subject to thc
impact fcc waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
mccting thc criteria set forth in thc Impact Fcc Ordinancc.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must bc utilized ['or
affordable housing for a fifteen (15) year pcriod after lhe date thc certificate of occupancy is
issued: and if thc Dwelling Unit ceases lo be utilized for that purpose during such period, thc
impact fccs shall bc immediately repaid to the COUNTY.
7. LIEN. 'Fhc waived impact fees shall be a lien upon thc Dwelling Unit on thc
effective date of this Agreement; which lien may bc foreclosed upon in Ibc ex'chi of
non-compliance with thc requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of thc Agreement
requirements and fificcn (I 5) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, thc COUNTY shall, at the expense of the COUNTY.
record any necessary documentation evidencing the tcrmination of the licn, including, but not
limited to, a release of lien.
9. BINDING EFFECI. This Agreement shall be binding upon li~c panics to this
Agreement and their respective heirs, personal representatives, successors and assigns, in thc
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 thc conditions set forth in
thc Impact Fcc Ordinance are satisfied. In addition, this Agreement shall mn with the land and
shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
- 3 -
OR: 2457 PG: 2755
I0. RECORDING. This Agreement shall be recorded by OWNER at thc expense of
OWNER in the Official Records of Collier County, Florida, within fifteen ('!5) days after
execution of this Agreement by thc Chairman of thc Board of County Commissioners.
l 1. I)EFAUL'I'. OWNER shall be in default of this Agrccmcnt (1 } where OWNF. R
Fails to comply with the affordable housing standards and qualification criteria established in thc
Impact Fcc Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the affordable housing qualification
criteria in the In]pact Fcc Ordinance for a period of fifteen 1'15) days after notice of the violation.
12. REMEDIES. Should thc OWNER ofthe property fail to comply with the said
qualification criteria for fifteen (15) days after notice ofviolation, or should OWNF. R violate any
provisions of' this Agreement, the impact fees waived shall be paid in full by OWNER within
th/ny (30) days of said non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on tile Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (15) years from thc date of issuance of the certificate of occupancy or until
repaid. 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 thc default is not cured within (30) days after written notice to OWNER. Thc
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY bv 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 fees and costs, including attorneys
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.
- 4 -
OR: 2457 PG: 2756
16A20
IN WITNESS WHEREOF. the parties have executed this Agreement for Waiver of
Impact Fees on the date and 3'ear first above written.
OWNERS:
HABITAT FOR ltUMANITY OF
COLLIER COUNTY, INC.
Charles C. Smlth,~o~ President
DATED: .5~..-~/..~,...~
~ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Barb~;~ 6. ~(~r~., CJ~irrn~n 1~
Approved as to form and
legal sufficiency
I ~ / i~'~
./~ ~ , ,'t)!',,.' ' '"'
Heidi F. Ashton '"-'
Assistant County Attorney
STATE OF Florida
COUNTY OF Collier
The foregoing instrument was acknowledged before mc this ...&,e/day of //2'2.,-r c-,,. , 1998,
by Charles C. Smith, Vice President of Habitat for Humanity of Coilier County, Inc. He is personally
known to me. .
_...,,,,-,,. ,..../f~. ~ [;:./ .... ~.~ .
...' · ;: [NO;I'ARIAL. SEAL] s, ig0dt urc o f Person Taking A cknd~l~C---;~-AT~-D-i~.l~,-----
,.. .',- ,. Name of Acknow[cdgcr Typed, Print
J'd/gm/c/bullard/a grc¢ mcnt
- 5 -
OR: 2457
PG: 2757
16~20
EXHIBIT "A"
LEGAL DESCRIPTION - BULLARD SUBDIVISION
LOT 22, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS
RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF
COLLIER COUNTY. FLORIDA.
- 6 -
-/
L~ .'.£
n
~o' ~/* (£x~$n~{C)
*** OR:
2457
PG: 2758 ***
16~20
., ' 16A20
RESOLUTION NO. 98-
RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF LIBRARY
SYSTEM IMPACT FEES. PARKS AND RECREATIONAL FACILITIES
I.MPACT FEES. ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMI'ACT f:CES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE ItOUSE TO BE CONSTRUCTED BY HABITAT
FOR ttUMANITY OF COLLIER COUNTY. INC., ON LOT 23, BULLARD
SUBDIVISION, IMMOKALEE.
WHEREAS. Collier County has recognized and attempted to address the lack of adequate and
affordable housing for modcrale. Iow. and very-low income households in Ihe County and the need for
creative anti innovative programs to assist in the provision of such housing by including several provisions
in the Collier County Grox~th Management Plan. including: objective 1,4. policy 1.4.1; objective 1.5. policy
1.5.2, polic.v !.5.3. policy 1.5.4. policy 1,5,5. policy 1.5.6: objeclivc 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 thc Housing Element: anti
WHEREAS, Collier ('aunt.,,' has received funding pursuant lo thc State Itousing Initiatives
Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida
Administrative (.'ode: and
\VIfERF. AS. m accordance v, ith ('oilier ('otmty Ontinancc No. 93-19, thc County is authorized lo
usc funding from thc State t lousing Initiatb. cs Panncrship [SHIP] Program for waivers of Collier County
impact fees: and
WttEREAS. tlabitat for ttumanity of Collier County, Inc. is seeking a waiver of impact fees; and
\VttEREAS. I labitat for tlumanity of Collier County, Inc. will construct one I 1 ) three-bedroom unit
(thc "Dwelling Unit") on Lot 23. Bullard Subdivision, Immokalee which is proposed to sell for f:orty-Six
Thousand Five [tundred Dollars (S46.500.00); and
WIIEREAS. ~l~c Dwelling Unit will bc purchased by a very Iow income household which is
required to invest a minimum of five hundred {5OO) hours of "Sweat Equity' before il obtains title to thc
hot,se: and
WHEREAS. Mr. Charles C. Smith. Vice President of Habitat for Humanity of Collier County. Inc.,
submitted to thc Office of Ilousing and Urban Improvement an Affordable Housing Application dated
August 6. 199g for a waiver of impact fees for the construction of a house on Lot 23 Bullard Subdivision,
lmmokalec, a copy of said application is on file in thc ttousing and Urban Improvement Department; and
WIIEREAS. in accordance with Section 3.04 of thc Library System Impact Fee Ordinance.
Ordinance No..q8-97. as amended; Section 4.05 of thc Parks and Recreational Facilities Impact Fcc
Ordinance. Ordinance No. 88-96. as amended; 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: and Section 3.05 of Iht Educational Facilities System Impact Fcc
- I -
16A20 .
Ordinance. Ordinance Xo. <~2-33. as amendcd; an applicant may obtain a waiver of impact fees by
quali£ying for a ~vaivcr: and
WItEREAS, IIabitat for Humanity of Collier County, inc. has qualified for an impact fee waiver
based upon the following representations made by Habilat for tlumanity of Collier County, Inc.:
A. 'Fhe Dwelling Unit shall be sold to a first-time home buyer.
B. 'thc Dwelling Unit shall be sold to a household with a ','eD' Iow income level as that tcrn~ is
defined in the Appendices to thc respective Impact Fee Ordinances and Ire monthly paymenl
tn purchase thc unit must be within thc affordable housing guidelines cstablishcd in the
Appendices to the respective Impact Fcc Ordinances.
C.Thc Dwelling Unit shall bc thc Homestead ortho owner.
D. Ibc Dwelling Unit shall remain affordable for fifteen {15) ycars from the datc the certificate
of occupancy is issued.
NOW '[[tEREFORE. BE IT RESOI.VED BY TIlE BOARD OF COUNTY COMMISSIONERS
OF COLLIt:~R COUN'FY. FI.ORIDA. that:
I. The Board of Count), Commissioners hereby authorizes the County Administrator lo issue
an Authorization for waiver of impact fees Io Habitat for Humanity of Collier County, Inc.
for one (I) house which shall be constructed on Lot 23 Bullard Subdivision, Immokalcc,
Collier Count.','. Florida.
2. Upon receipt by the }lousing and Urban Improvement Director of an agreement for v,'aiver
of impact fees signed by Habitat for Humanity of Collier County, Inc.. and/or the purchaser,
or other documentation acceptable to the County Attorney, the Board of County
Commissioners hereby authorizes the payment by Collier County of Ihe following impact
fees from the Affordable llousing Trust Fund, Fund (191), in the following amounts for the
one (11 house to be built on Lot 23 Bullard Subdivision, Immokalee by Habitat for
t lumanity of Collier County, Inc.:
:\. [.ibraD' Impact Fcc $ 180.52
B. Road Impact Fcc 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
( I ) Community Parks 399.00
{2) Regional Parks 179.00
D. }-;,'vis Impact Fee 14.00
E. Educational Facilities System
Impact Fcc S 1.778.0Q
Total Impact Fees $ 3,929.52
- 2 -
16A20 .
3. Thc payment of impact fees by Collier County is subject to thc execution and recordation of
an Agreement for Wai~,cr of Collier County Impact Fees between the property owner and/or
purchaser and the County.
This Resolution adopted after motion, second and majority vote favoring same.
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and
legal sufficient:y:
Hcidi F. Ashlon
Assistant Count}' Allomey
jWgm~c~l~ullard'reso
- 3 -
EXHIBIT "A"
I.EGAL DESCRIPTION - BULLARD SUBDIVISION
I.OT 23, BUI.I.ARD SUBDIVISION, ACCORDING TO THE PLAT
BOOK TtlEREOF, AS RECORDED 1N PLAT BOOK 27, AT PAGES 76
AND 77, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
- 4 -
i6A20~
I
~o' r/w ClOSet) ....
2367381 OR: 2457 PG: 2759 1 6 A 2 0
CLill TO ?B! BOARD RiCOROID ill the O~IClll, IlCOIO$ o~ CO~IIR CO~, ~
SIT 7240 UC FU 33.00
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES C0MIS 1,00
This Agreement for the Waiver of Impact Fees entered into this/_..'S~tay of,~.2~_ 1998, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc.. hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County
Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the
Collier County Parks and Recreational Facilities Impact Fcc Ordinance; Collier County
Ordinance No. 91-71. as amended, thc Collier County Emergency Medical Services System
Impact Fee Ordinance: Collier County Ordinance No. 92-22. as amended, the Collier County
Road Impact Fcc Ordinance; and Collier County Ordinance No. 92-33. as amended, tile Collier
County Educational Facilities System 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 unit qualifying as affordable housing;
and
WItEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fcc Ordinance. a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Administrator or his designee has reviewed tile OWNER's
application and has found that it complies with the requirements for an affordable housing waiver
of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, thc impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of ali criteria in the Impact Fee Ordinance qualifying thc
project as eligible for an impact fee waiver; and
- 1 -
I
,. OR: 2457 PG: 2760
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied
6
0
J.
Resolution No. 98- ~p"D~ at its regular meeting of ~ ,/ ,1998; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with thc COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the panics covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPIION. 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 in
accordance with thc standards set forth in the appendices to the Impact Fee Ordinance for a
period of fifteen ¢15) vcars commencing from the date the certificate of occupancy is issued for
the D~vclling Unit.
REPRESENTATIONS AND WARRANTIES. OWNER represents and wammts thc
following:
The Dwelling Unit shall be sold ~o a household with a very Iow income as
defined in the appendices ~o the lmpac! Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
'Fhe Dwelling Unit shall be the homestead of'owner;
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
- 2 -
c. OWNER is thc owner of record of the Dwelling Unit and owes impact
fees in the total amount of S3,929.52 pursuant ltl the Impact Fcc
Ordinance. In return for the 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, 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 thc Dwelling Unit ceases to be utilized for that purpose during such period, tlac
impact fees shall be immediately repaid to the COUNTY.
7. [AEN. The waived impact fees shall be a lien upon thc Dwelling Unit on thc
effecti¥c date of this Agreement; which lien may be foreclosed upon in Ibc event of
non-compliance with the requirements of this Agreement.
8. REt. EASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (I 5) years after the date of issuance of the certificate of occupancy, or
upon payment of thc waived impact fees, the COUNTY shall, at the expense of the COUNTY,
record any neccssaD' 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.
- 3
OR: 2457 PG: 2762
16 20
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of{he Board of County Commissioners.
11. DEFAULT. OWNER shall be in default ofthis Agreement (1) where OWNER
fails to comply with the affordable housing standards and qualification criteria established in tile
Impact Fcc Ordinance and thereafter fails to pay the impact fees due within thirty (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 fifteen (15) days after notice ofthe violation.
12. REMEDIES. Should thc OWNER ofthc property fail to comply with the said
qualification criteria for fifteen (15) days after notice ofviolation, or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thirty (30) clays of said non-compliance, OWNER agrees that the impact fees waived shall
constitute a lien on thc Dwelling Unit commencing on the effective {late of this Agreement and
continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until
repaid. 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 thc lien of any such County taxes. Should the OWNER be in default of this
Agreement and thc default is not cured within (30) days after written notice to OWNER, the
Board may bring a 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 fees and costs, including attorneys
fees, incurred by tile Board in enforcing this agreement, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
- 4 -
OR:
IN WITNESS WHEREOF, the parties have executed
Impact Fees on the date and year first above written.
Witnesses:,~ /' /? ~
~rint N,~m; OONALO R'~EOCK,o'.
- /.
OWNERS:
this Agreement for Waiver of
HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC.
Charles C. smi(~h~ic~Presidcnt
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
signature on].~;
Approved as to Form and
legal sufficiency
_ .._
fleidi F'.-A'shton ' '
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF Floridit )
COUNTY OF Collier )
The foregoing instrument was acknowledged before mc this .,.~ day of ..,'~,,--~_.
by Charles C. Smith,
known to me.
[NOTARIAL SEAL]
jd/grr~croullard/agreement
, 1998,
Vice President of Habitat for Humanity of Collier County, Inc. He is personally
_,~a' ' ,~'/,,._,,
Si~ature~' of Person T~king
'- V .
Name of Acknowledger T~cd, Printed or
16 20
EXHIBIT "A"
LEGAL DESCRIPTION - BULLARD SUBDIVISION
LOT 23, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS
RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
- 6 -
-/
B
%:) ,=
__1 '
iI-
II
II
I'
,
I,
L_
*** OR: 2457 PG: 2765 ***
16~20
RESOLUTION NO. 98-
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY. FLORIDA. AUTHORIZING WAIVER OF LIBRARY
SYSTEM IMPACT FEES. PARKS AND RECREATIONAL FACILITIES
IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE }lOUSE TO BE CONSTRUCTED BY ttABITAT
FOR I-tUMANITY OF COLLIER COUNTY. INC., ON LOT 24, BULLARD
SUBDIVISION. IMMOKALEE.
WHEREAS. Collier County has recognized and attempted to address the lack of adeqt,ate and
affordable housing %r moderate. Iow. ami ,,'eD'-low income households in the County and the need for
creative and innovative programs 1o assist in the provision of such housing by including several provisions
in tile Collier County Growth Management Plan. including: objective 1.4, policy 1,4. I; 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. I. I, 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 Io tile State }lousing 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 ffousing Initiatives Partnership [SHIP} Program for waivers of Collier County
impact fees; and
WHEREAS. Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, ltabitat for Humanity of Collier County. Inc. will construct one (I) three-bedroom unit
(the "Dwelling Unit"} on Lot 24. Bullard Subdivision. Immokalee which is proposed to sell for Forly-Six
Thousand Five Hundred Dollars ($46.500.fg)); and
WHEREAS, the Dwelling Unit will be purchased by a very Iow income household which is
required to invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains lille to the
house; and
WHF. REAS. Mr. Charles C. Smith, Vice Presidenl of tlabitat for Humanity of Collier County. Inc.,
submitted Io the Office of Housing and Urban Improvement an Affordable Housing Application daled
August 6. 1998 for a waiver of impact fees for the construction ora house on Lot 24 Bullard Subdivision,
Immokalce, a cop.',' of said application is on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance,
Ordinance No. 88-97. as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee
Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance
No. 92-22. as amended; Section 3.05 of the Emergency Medical Sm'ices System Impact Fee Ordinance,
Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee
- I -
Ordinance. Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by
qualifying for a waiver: and
WttEREAS. Ilabitat for Humanity of Collier County, Inc. has qualified for an impact fcc waiver
based upon the following representations made by Habitat for Humanity of Collier County, Inc.:
A. Thc Dwelling t. lnit shall be sold to a first-time home buyer.
B. ]'he Dwelling Unit shall be sold to a household with a very Iow income level as that term is
defined in thc Appendices to thc respective Impact Fee Ordinances and the monthly payment
to purchase the unit must be within thc affordable housing guidelines established in the
Appendices to the respective hnpact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead ofthe owner.
D. The Dwelling Uni~ 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:
I. The Board of County Commissioners hereby authorizes the County Administrator to issue
an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc.
for one il) house which shall be constructed on Lot 24 Bullard Subdivision, Immokalee,
Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director oran agreement for waiver
of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser,
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 on Lot 24 Bullard Subdivision, lmmokalce by Habitat for
Humanity of Collier County, Inc.:
A. loibrary Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
(1) Community Parks 399.00
12) Regional Parks 179.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee S 1.778.00
Total Impact Fees S 3,929.52
- 2 -
i6A20
3. The payment ofimpact fees by Collier County is subject to the execution and recordation of
an Agreement for Waiver of Collier County Impact Fees between the property owner and/or
purchaser and the County.
This Resolution adopted after motion, second and majority vote favoring same.
DATEO:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA
Approved as to form and
legal sufficiency:
He,dj Fi Ash(on
Assistant County Attorney
jd/gm/c/bullard'rcso
- 3 -
EXIIIBIT
LEGAl, DESCRIPTION - BULLARD SUBDIVISION
LOT 24, BULLARD SUBDIVISION, ACCORDING TO THE PLAT
BOOK TtIEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76
AND 77, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
l~A201.
.!
Z
,~_ i~-
-~w--,
I
I
,I
~_.
2367382 OR: 2457 PG: 2766
IITliOll[CI 4TH ELOOR 09/03/98 at I0:33~ DIIGHT l. BROCK, CLIll
AG~M~T FO~ WAIV~ OF COLLIKR COU~TV IMP~CT F~S
16 20
llC 1~11 3.t,00
COPII$ 7.00
This Agreement for the Waiver of Impact Fees entered into this,~'_ day of_.,.c~./,t~. 1998, by and
/
between the Board of County Commissioners of Collier County. Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc.. hereinafter referred to as
"O\VNER."
W l T N ES S ET tt:
WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County
Library. System Impact Fee Ordinance; Collier Courtly Ordinance No. 88-96, as amended, thc
Collier Count.,.' Parks and Recreational Facilities Impact Fee Ordinance: (';oilier CounLv
Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System
hnpact Fee 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, the Collier
County Educational Facilities System Impact Fee Ordinance, as they may be fi;rlher amended
from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for
waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing;
and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance. a copy of said app!ication being on file in the office of ltousing and Urban
Improvement; and
WfIEREAS. the County Administrator or his designee ha~ reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing 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 *,i~e
project as eligible for an impact fee waiver; and
- 1 -
OR: 2457 PGi 0
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 98- ..~',6/at its regular meeting of...~~,~/_o,~. / , 1998; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW. THEREFORE, in consideration of the fore
agree as follows:
1.
recitals, Iht parties covenant and
accordance with the standards set £onh in thc 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 xvarrants thc
RECITALS INCORPORATED. The foregoing recitals arc true and correct and shall
be incorporated by reference herein.
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.
TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in
il.
The Dwelling Unit shall be sold to a household with a ,,'cry low income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the DweIling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
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
following:
bo
C.
d.
- 2 -
OR: 2457 PG: 2768
16 20
c. OWNER ,s thc owncr of rccord of thc Dwclling Unit and owcs impact
fees in thc total amount of S3,929.52 pursuant to thc Impact Fcc
Ordinance. In return for the 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 thc Dwelling Unit subject to thc
impact fee waiver to a subsequent purchaser, 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 thc certificate of occupancy is
issued; and if the Dwelling Unit ceases to bc utilized for that purpose during such period, the
impact fees shall be immediately repaid to thc COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of' this Agreement; which lien may be foreclosed upon in the event of
non-compliance with thc requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of thc Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of' the waived impact fccs, thc COUNTY shall, at the expense of the COUNTY,
record any necessary documentation evidencing thc termination of thc 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 represcntativi~, successors and assigns. In the
case of sale or transfer by gift of thc 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.
- 3 -
OR: 2457 PG: 2769
16 20
I0. RECORDING. This Agreement shall be recorded bv OWNER at thc expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman ofthe Board of County Commissioners.
11. DEFAULT. OWNER shall be in default of his Agreement (I) where OWNER
fails to comply with the affordable housing standards and qt tfication criteria established in the
Impact Fcc Ordinance and thereafter fails to pay the impa~ fees duc within thirty (30) days of
said non-compliance, or (2) where OWNER violates one of; he affordable housing q~mlification
criteria in thc Impact Fcc Ordinance for a period of fifteen (15) days after notice of the violation.
12. REMEDIES. Should thc OWNER of the property fail to comply with thc said
to
qualification criteria for fifteen (I 5) days after notice of violl n, or should OWNER violate any
provisions of this Agreement, thc impact fees waived shal~e paid in full bv OWNER within
thirty (30) days of said non-compliance. OWNER agree~l~at~ the impact fccs waived
shi. lll
constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (15) )'ears from the date of issuance of the certificnte of occupancy or until
repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, morlgagee, 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 cttred within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or other.vise 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 fees and costs, including attorneys
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.
- 4 -
IN WITNESS WHEREOF, the parties have
Impact Fees on the date and year first above written.
,~fint Name. ~'~ ~ ~ ¢- .fi)o ~.3 ~
exe this Agreement
2457 PG: 2770
16420
for Waivcr of
OWNERS:
HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC.
[Charles
DATED:. ~ >/,~?
ATTEST:
DWIGHT E. BROCK, Clerk
~.Attest ~a/s to Chairman's
signature on13.
Approved as,to form and
legal sufficiency
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
STATE OF Florid~ )
COUNTY OF Collicr )
The foregoing instrument was acknowledged before me this ~ day of ~o&, ,1998,
by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally
known to me.
[NOTARIAL SEAL] Sig,n~lUre of Person Taking Acknff~dedg.&,,~ -
.. g yp
jd/gm/c/bullardYagreement
- 5 -
OR: 2457 PG: 2771
16A20
EXHIBIT "A"
LEGAL DESCRIPTION - BULLARD SUBDIVISION
LOT 24, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS
RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF
COLLIER COUNTY. FLORIDA.
z
L/-<E '~p~..rro,oo ~:,"D (5R $-850)
OR: 2457 PG: 2772
16~20
0 0
~.~ ;.2
RESOLUTION ~0. 98- 3q-~'
]6A20
RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF LIBRARY
SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES
IMPACT FEES. RO,aD IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT
FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 25. BULLARD
SUBDIVISION, IMMOKALEE.
WHEREAS. Collier County has recognized and attempted to address the lack of adequate and
aftbrdable housing for moderate, Iow, and vcry-lov,, income households in Ihe Counly and the need for
creative and innovalivc programs to assisl in the provision of such housing by including several provisions
in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4. I; objective 1.5, policy
1.5.2, policy 1.5.3, policy 1.5.4. policy 1.5.5. policy !.5.6; objective 1.6, policy 1.6.3; objective 2. I, policy
2. I. I, policy 2.1.2, policy 2.1.3. policy 2.1.5, and policy 2.1.6 of the Housing Element; and
WHEREAS. ('oilier County has received funding pursuant Io the State Housing Initiatives
Partnership Program set forlh 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. Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS. ttabitat for Humanity of Collier County, Inc. will construct one i'I) three-bedroom unit
(the "Dwelling Unit") on kot 25, Bullard Subdivision, Immokalee which is proposed to sell for Forty-Six
Thousand Five Hundred Dollars (S46,500.00); and
WftEREAS, the Dwelling Unit will be purchased by a very Iow income household which is
required to invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the
house; and
WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc.,
submitted to thc Office of ttousing and Urban Improvement an Affordable Housing Application dated
August 6. 1998 for a waiver of impact fees for the construction ora house on Lot 25 Bullard Subdivision,
hnmokalcc, a copy of said application is on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance v,'ith Section 3.04 of the Library System Impact Fee Ordinance,
Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee
Ordinance. Ordinance No. 88-96, as amended; 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; and Section 3.05 of the Educational Facilities System Impact Fee
- 1_ -
16A20
Ordinance, Ordinance No. 02-33, as amended; an applicant may obtain a waiver of impact fees by
qualifying for a waiver; and
WHEREAS, Habitat for Humanity of Collier County, inc. has qualified for an impact fee waiver
based upon thc following representations made by Habitat for Humanity of Collier County, Inc.:
A. Thc Dwelling Unit shal' be sold to a first-time home buyer.
B. Thc Dwelling Unit shall be sold to a household with a very Iow income level as that term is
defined in thc Appendices to thc respective Impact Fcc Ordinances and the monthly payment
to purchase thc 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 oflhe 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 Habitat for Humanity of Collier County, Inc.
for one (1) house which shall be constructed on Lot 25 Bullard Subdivision, lmmokalee,
Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver
of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser,
or other documentation acceptable to the County AItomey, the Board of County
Commissioners hereby authorizes the payment by Collier County of the following impact
fees from thc Affordable Housing Trust Fund, Fund (191), in the following amounts for the
one I'l) house to be buil; on Lot 25 Bullard Subdivision, lmmokalee by Habitat for
Humanity of Collier County, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
( 1 ) Community Parks 399.00
(2) Regional Parks 179.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee $ 1.778.O0
$ 3,929.52
Total Impact Fees
I6A20
3. Thc paymcnt of impact fees by Collier County is subject to the execution and recordation of
an Agrccmcnt for Waivcr of Collicr County Impact Fees between the property owner and/or
purchascr and the County.
This Resolution adopted after molion, second and majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
signature only.
B~ B. ~c-n~,Cha~-~l'man ~- ~
Approved as to form and
legal sufficiency:
Hcidi F. Asht~n
Assistant County Attorney
jd/gm/c/bu I la rd/reso
- 3 -
EXIilBIT"A'
LEGAl. DESCRIPTION - BULLARD SUBDIVISION
LOT 25, BULLARD SUBDIVISION, ACCORDING TO THE PLAT
BOOK TtlEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76
AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
- 4 -
I I
0 0
c~ c~
0 CJ
I ;
2367383 OR: 2457 PG: 2773
CLIII TO TItl BOIID [leOPOlD in the 0[llCI~ U~J 0f COL[Ill CO~, ~[
IITIIOUICI 4T~ ~o0l 0g/03/~l at I0:33~ DWIG~ I. BR0Cl, C~l[l
~lT 7240
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
16A20
U¢/11 33.0.
COHI$ 7. Oi
This Agreement for thc Waiver of Impact Fees entered into this/_.'~ay of __ .~,,~, 1998, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County. Inc., hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 88-97, as amended, thc Collier County
Library. System h'npact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the
ColtJer Count),' Parks and Recreational Facilities Impact Fee Ordinance: Collier County
Ordinance No. 91-71. as amended, thc Collier County Emergency Medical Sen'ices System
Impact Fee 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, thc Collier
County Educational Facilities System 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 unit qualifying as affordable housing;
and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said apphcation being on file in thc office of Housing and Urban
Improvement; 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 waiver
of impact fees as established in the Impact Fee Ordinance; and
WHEREAS. the impact fcc 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
- 1 -
OR: 2457 PGi 0
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 98- ..~,5~__'at it., regular meeting of _. -'.f~~ / , 1998; and
/
WttEREAS, thc hnpact Fcc Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of lbo foregoing recitals, the panics covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
LEGAl. I)ESCRII'TION. Thc legal description of tile 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 in
accordance with the standards set forth in the appendices "-to thc Impact Fcc Ordinance for a
period of fifteen (15) years commencing l?om the date the eemficate of occupancy is issued
the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES.
folloxving:
tER
represents and warrants the
The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to thc Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within thc
affordable housing guidelines establisl~ed in the appendices to the Impact
Fee Ordinance;
Tile Dwelling Unit shall be sold to a fi
Tile Dwelling Unit shall be the homl
The Dwelling Unit shall remain as
years from the date the certificate of,
Unit; and
home buyer;
of owner;
housing for fifteen (15)
is issued for the Dwelling
- 2 -
OR: 2457 PG: 2775
16 20
c. OWNER is thc o~vncr of rccord of the Dwclling Unit and owes impact
fees in thc total amount of $3,929.52 pursuant to thc Impact Fcc
Ordinance. In return for thc waiver of the impact fees owed by OWNER,
OWNER covenants and agrees to comply with thc affordable housing
hnpact t~¢ waiver qualification criteria detailed in thc Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to thc
impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
meeting the criteria set forth in the Impact Fcc Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fifteen (15))'car 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.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in thc event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of thc Agreement
requirements and ill'teen (15) >'cars after the date of issuance of the certificate of occupancy, or
upon payment of thc waived impact fees, the COUNTY shall, at the expense of the COUNT',',
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. lhis Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In thc
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 thc conditions set forth in
the Impact Ordinance are satisfied. In addition, this Agreement shall mn with the land and
shall rem~ lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
- 3 -
16A20:
RESOLUTION NO. 95-
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA. AUTtlORIZING WAIVER OF LIBRARY
SY~TE.M IMPACT FEES. PARKS AND RECREATIONAl. FACILITIES
I.MPACT FEES. ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACII.ITIES SYSTEM
IMPACT FEES FOR ONE ItOUSE TO BE CONSTRUCTED BY HABITAT
FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 26, BULLARD
SUBDIVISION, IMMOKALEE.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate, Iow, and vcry.-Iow income households in thc County and thc need for
creative and innovative programs to assist in the 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 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 Ihe 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-I 9, the County is authorized to
use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County
impact fees; and
WHEREAS, tlabitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS. liabita! for Humanity of Collier County, Inc. will construct one ( I ) three-bedroom unit
(the "Dwelling L;nit"l on I.ot 26. Bullard Subdivision. Immokalee which is proposed to sell for Forty-Six
Thousand Five Hundred Dollars (S46,500.00); and
\VtIEREAS. the Dwelling Unit will be purchased by a very Iow income household which is
required to invest a minimum of' five hundred (500) hours of"Sweat Equity" before it obtains title to the
house; and
WHEREAS. Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc.,
submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated
August 6, 1998 for a waiver of impact fees for the construction ora house on Lot 26 Bullard Subdivision,
Immokalee. a copy of said ~,pplication is on file in the Housing and Urban Improvement Department; and
WItEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance,
Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee
Ordinance, Ordinance No. 88-96, as amended; 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; and Section 3.05 of the Educational Facilities System Impact Fee
- 1 -
Ordinance. Ordinance No. ~)2-33. as amended; an applicant may oblain
qualifyin~ for a waiver; and
2 0
a waiver of impact fees by
WHEREAS. tlabitat for ltumanity of Collier County. inc. has qualified for an impact fee waiver
based upon thc follov,'ing representations made by Habitat for Humanity of Collier County. Inc.:
A. ~l'hc Dv.'cliing Unit shall be sold to a first-time home buyer.
B. Thc l)v, clling t;mt shad bc sold to a household xvith a very Iow income level as that tem~ is
defined in the Appendices to thc respective Impact Fee Ordinances and ti~c monthly payment
t~ purchase Ibc unit must be within thc affordable housing guidelines cslablishcd in the
Appendices to thc respective Impact Fee Ordinances.
C. The Dwelling [_,;nit shall be thc tlomestead ofthe owner.
D. The D'~,.elling Unit shall remain affordable for fifteen (15) years from thc date thc certificate
ofoccup;mcy is issued.
NOW TItEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FI,ORIDA. that:
1. Thc Board of County Commissioners hereby authorizes the County Administrator to issue
an Authorization for waiver of impact fees to Habitat for Humanity of Collier County. inc.
for one (1) house which shall be constructed on Lot 26 Bullard Subdivision. Immokalec,
Collier County. Florida.
2. Upon receipt by thc tIousing and Urban Improvement Director of an agreement for waiver
of impact fees signed by Habitat for Humanity of Collier County. Inc.. and/or thc purchaser,
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 l lousing Trust Fund. Fund (191). in the following amounts for the
one (1) house to be built on Lot 26 Bullard Subdivision, Immokalee by tlabitat for
l tumanity of Collier County. Inc.:
A. Library Impact Fcc S 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
(1) Community Parks 399.00
(2) Regional Parks 179.OO
D. EMS Impact Fcc 14.OO
E. Educational Facilities System
Impact Fee S 1.778.OO
Total Impact Fees S 3,929.52
- 2 -
3. Thc paymcn! of impact fees by Collier County is subject to thc cxecution and recordation of
an Agreement for Waiver of Collier County Impact Fees between the property owner and/or
purchaser and the County.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:.~'~f
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and
legal sufficiency:
Hcidi F. Ashton
Assistant County Attorney
jd'gngc/bu I la rd'rcso
EXIIlBIT
I,EGAI, DESCRIPTION - BULLARD SUBDIVISION
I,OT 26, BULLARD SUBDIVISION, ACCORDING TO Tile PLAT
BOOK TIIEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76
AND 77, OF TIlE PUBI.IC RECORDS OF COLLIER COUNTY,
FI,ORIDA.
- 4 -
ROAD
,,=,: 2367384 OR: 2457 PG: 2780
I~IROF~IC~ 4~ ~00~ 09/03/~ at 10:33M D~IG~ i. BIOCI,
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
C01ql$
16A20
This Agreement for tile Waiver of Impact Fees entered into this/~ day of 1998, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and l labitat for Humanity of Collier County, inc.. hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 88°97, as amended, the Collier County
Library. System Impact Fee Ordinance; Collier County Ordinance No. 88-96. as amendecl, thc
Collier County Parks and Recreational Facilities Impact Fcc Ordinance; Collier County
Ordinance No. 91-71. as amended, thc Collier County Emergency Medical Sen'ices System
Impact Fee Ordinance: Collier County Ordinance No. 92-22. as amended, thc Collier County
Road Impact Fcc Ordinance; and Collier County Ordinance No. 92-33. as amended, the Collier
County Educational Facilities System impact Fee Ordinance, as they may be further amended
from time to time hereinafter collectively referred to as "Impact Fcc Ordinance", provide For
waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing:
and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies xvith the requirements for an affordable housing 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 thc
project as eligible for an impact fee waiver; and
- 1 -
OR: 2457 0
WIIEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolt, tion No. 98-_f~ at its regular meeting of ,,.~y,aT'_ ~ , 1998; and
WHEREAS, thc impact Fcc Ordinance requires that thc OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the panics covenant and
agree as follows:
I. RECITALS INCORPORATED. The foregoing recitals arc tn, e and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (thc "Dwelling
Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference
herein.
3. TERM. O~,¥WER agrees that the Dwelling Unit shall remain as affordable housing in
accordance with thc standards set forth in the appendices to the Impact Fee Ordinance for a
period of fifteen (I 5) years commencing from the date the certificate of occupancy is issued for
thc Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a. The Dwelling Unit shall be sold to a household with a very Iow income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
b. The Dwelling Unit shall be sold to a first-time home buyer;
c. The Dwelling Unit shall be the homestead ofowner;
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
- 2 -
OR: 2457 PG: 2782
16 20
c. OWNER ;s the owner of record of thc Dwelling Unit and owes impact
fees in the total amount of $3,929.52 pursuant to the Impact Fee
Ordinance. in return for the waiver of thc impact fees owed by OWNER,
OWNER covenants and agrees to comply with thc affordable housing
impact fee waiver qualification criteria detailed in thc impact Fcc
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to tile
impact fcc waiver to a subsequent pttrchascr, the Dwelling Unit shall be sold only to households
meeting tile criteria set forth in thc Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fifteen (15) year period after the date thc certificate of occupancy is
issucd; and if thc Dwelling Unit ceases to be utilized for that purpose during such period, thc
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on thc
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of thc Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived 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 tile 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.
- 3 -
OR: 2457 PG: 2783
16A20
10. RECORDING. This Agreement shall be recorded by OWNER at thc expense of
OWNER in thc Official Records of Collier County, Florida, within fifteen (15) (lays 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 comply with the affordable housing standards and qualification criteria established in the
Impact Fcc Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of
said non-compliance, or (2) ,,,,'here OWNER violates one of thc affordable housing qualification
criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation.
12. REMEDIES. Should the OWNER of the properly fail to comply with the said
qualification criteria for fifteen (I 5) days after notice of violation, or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thirty (30) days of said non-compliance. OWNER agrees that thc impact fees waived shall
constitute a lien on thc Dwelling Unit commencing on the effective date of this Agreement and
continuing for fi ficen (15) years from the date of issuance of the certificate of occupancy or until
repaid. Such lien shall be superior and paramount to thc interest in thc Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on
parity with thc lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, thc
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or othenvise 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. Thc Board shall be entitled to recover ali fees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at thc statutory rate for
judgments calculated on a calendar day basis until paid.
- 4 -
OR: 2457 PG: 2784
i6 20
IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of
Impact Fees on the date and year first above written.
W ss ',
~ ; /
OWNERS:
HABITAT FOR HUMANITY OF
COLLIER COUNTY. INC.
/-Charles C. Smat~,v me Pre'dent
DATED: 77-.-;5//'
ATTEST:
DWIGHT E. BROCK, Clerk
~ttest a~ to ,?hatrma~'s
$~gnatur'e only.
Approved as to form and
legal su ~cicncy
Heidi F. As~ton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Barb~ B-.'B'-~r~', Cha"~rrnan~- ~"~
STATE OF Florida )
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this o29' day of
by Charles C. Smith,
known to me.
[NOTARIAL SEAL]
'.=. ,Ikl/gm/croullard/agreement
,'~q ~ ,1998,
Vice President of Habitat for Humanity of Collier County, Inc. He is personally
>,.,,,._.. ..... .................
Sig3a(ure of Person Taking Ackno~;n5
Name o[ AcKnowmager T~ea,
- 5 -
OR: 2457 PG: 2785
16~20
EXHIBIT "A"
LEGAL DESCRIPTION - BULLARD SUBDIVISION
LOT 26, BULLARD SUBDIVISION, ACCORDING TO THE PI.AT BOOK THEREOF, AS
RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
- 6 -
.?
I
~.o~ ($,~ s-ar, o) so' m/,, (CX~ST, NG) ~-.
*** OR: 245'/?G: 2786 ***
16A20
RESOLUTION NO. 98-
RESOLU'FION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF LIBRARY
SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES
IMPACT FEES. ROAD IMPACT FEES. EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT
FOR HUMANITY OF COLLIER COUNTY, INC.. ON LOT 27, BULLARD
SUBDIVISION. IMMOKALEE.
W}tEREAS. Collier County has recognized and attempted Io address the lack of adequate and
affordable housing for moderate. Iov,', 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 thc Collier County Grov,'th Management Plan. including: objective 1.4, policy 1.4.1: objective 1.5. policy
i.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. I, policy 2.1.2. policy 2.1.3. policy 2.1.5. and policy 2.1.6 of the Housing Element: and
WItEREAS. ('oilier County has received funding pursuant lo thc State llousing Initiatives
Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37. Florida
Administrative ("ode; and
WHEREAS. in accordance with Collier County Ordinance No. 93-19, Ihe County is author/zed to
use funding from the State }lousing Initiatives Partnership [SHIP] Program for waivers of Collier County
impact fees; and
WHEREAS. Habitat for Humanity of Collier County, inc. is seeking a waiver of impact fees; and
WItEREAS. tlabitat for ftumanity of Collier County. Inc. will construct one ( I ) three-bedroom unit
('thc "Dwelling Unit"} on l.ot 27. Bullard Subdivision, Immokalee which is proposed to sell for Forly-Six
Thousand Five ftundred Dollars ($46,500.C0); and
WHEREAS. the Dwelling Unit will be purchased by a very low income household which is
required to invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to Ibc
house; and
WHEREAS. Mr. Charles C. Smith. Vice President of ltabital for Humanity of Collier Cotmty, Inc.,
submitted to thc OFfice of }lousing and Urban Improvement an Affordable Housing Application dated
August 6, 1998 for a waiver of impact fees for thc construction ora house on Lot 27 Bullard Subdivision,
Immokalee. a cop.',' of said application is on file in thc Housing and Urban Improvement Department; and
WIfEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance,
Ordinance No. 88-97. as amended; Section 4.05 of thc Parks and Recreational Facilities Impact Fee
Ordinance. Ordinance No. 88-96. as amended: Section 3.04 of the Road Impact Fee Ordinance, Ordinance
No. 92-22, as amended: Section 3.05 of thc Emergency Medical Services System Impact Fee Ordinance,
Ordinance No. 91-71. as amended; and Section 3.05 of the Educational Facilities System Impact Fee
- ! -
Ordinance. Ordinance No. 92-33. as amended; an
qualifying for a waiver: and
applicant
I6A20
may obtain a waiver of impact fees by
WHEREAS. Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver
based upon thc following representations made by Habitat for Humanity of Collier County, Inc.:
A. ]''he Dwelling Unit shall be sold to a first-time home buyer.
B. /he Dwelling Unit shall he sold to a household with a very tow 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 guidelir, es established in thc
Appendices to thc respective Impact Fee Ordinances.
C. Thc Dwelling Unit shall be thc Homestead ofthe owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate
of occupancy is issued.
NOW TttEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. Thc Board of County Commissioners hereby authorizes the County Administrator to issue
an Authorization for waiver of impact fees to llabitat for Humanity of Collier County, Inc.
for one ~'l) house which shall be constructed on Lot 27 Bullard Subdivision, Immokalce,
('oilier County, Horida.
2. Upon receipt by thc tlousing and Urban Improvement Director of an agreement for waiver
of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser,
or other documentation acceptable Io the County Attorney, thc Board of County
Commission(rs hereby authorizes the payment by Collier County of the following impact
fees from tile Affordable Housing Trust Fund. Fund (191), in the following amounts for the
one ('t) house to be built on Lot 27 Bullard Subdivision, Immokalee by Habitat for
l iumanity of Collier County, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee !,379.00
C. Parks and Recreational Facilities
Impact Fee:
(1) Community Parks 399.00
/2) Regional Parks 179.OO
D. [']MS Impact Fee 14.00
F.. Educational Facilities System
Impact Fee S 1.778.OO
Total Impact Fees S 3,929.52
- 2 -
3. Thc payment of impact fccs by Collier County is subject to thc execution and r,:cordation of
an Agreement for Waiver of Collier County Impact Fees between the property owner and/or
purchaser and thc County.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency:
Hcidi F. Ashton
Assistant County Altomey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bar~ B-.~31.Chai'h'nan \ ~
jd/gm'c bullard reso
- 3 -
EXilIBIT
LEGAL DESCRIPTION - BULLARD SUBDIVISION
LOT 27, BULLARD SUBDIVISION, ACCORDING TO TIlE PLAT
BOOK TttEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76
AND 77, OF Tile PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
- 4 -
16A20~
L~X£
· m~rc).o · ~OA3 (SR S-BSO)
,,t,: 2367385 OR: 2457 PG: 2787
CLI~£ YO YR! BOAID il¢OiOll) in ~he O{~IClAL ilCORD$ of CO~LIII COUI?Y, ~
II?llO~llCl ITl{ IL001 09/03/}1 at 10:33AM DWI~? I. BE0Cl, trill
lit 7240
AGREEMENT FOR WA{VER OF COLLIER COUNTY IMPACT FEES
COPIB$ 7.00
16/ 20
This Agrccmcnt for thc Waiver of Impact Fees entered into this/_.J'~lay of~i""- . 998, by. and
bctwccn thc Board of County Commissioners of'Collier County, Florida. hereinafter rcfcrrcd to
as "COUNTY" and Habitat For t.{umanity of Collicr Count>', Inc., hcrcinaftcr referred to as
"OWNER."
W l T N E S S ET H:
%Vt{EREAS, Collicr County Ordinance No. 88-97, as amended, thc Collier County
Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, thc
Collier Count,,' Parks and Recreational Facilities Impact Fee Ordinance; Collier County
Ordinance No. 91-71. as amended, tim Collier Count>' Emergency Medical Services System
Impact Fcc Ordinance: Collier County Ordinance No. 92-22. as amended, thc Collicr County
Road Impact Fcc Ordinance; and Collier County Ordinance No. 92-33, as amended, thc Collier
County Educational Facilities Systcm Impact Fee Ordinance, as they may be fimhcr amcndcd
from time to time hereinafter collectively referred to as "Impact Fcc Ordinance", provide for
waivers of impact fccs for new owner-occupied dwelling unit qualifying as affordable housing:
and
WHEREAS. OWNER has applied for a v,'aiver of impact fees as required by the Impact
Fee Ordinance. a copy of said application being on file in the office of Housing and Urban
Improvement; 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 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
- ! -
WHEREAS, tiaa COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 98- .5'9,? at its regular meeting of .~.~,~.,,// ,1998; and
WHEREAS, the Impact Fcc 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 arc true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. Thc legal description of the dwelling unit (the "D~vciling
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 in
accordance with the standards set forth in the appendices to thc Impact Fcc 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 wammts the
following:
il.
The Dwelling Unit shall be sold to a household with a very Iow income as
defined in the appendices to thc Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in thc appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
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
- 2 -
OR: 2457
PG: 2789
16 20
e. OW'NER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $3,929.52 pursuant to the impact Fcc
Ordinance. In return for the 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 fcc wai','er to a subsequent purchaser, 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 thc Dwelling Unit ceases to be utilized for that purpose during such period, the
impact fees shall be immediately repaid to thc COUNTY.
7. LIEN. Thc waived impact fees shall be a lien upon thc Dwelling Unit on thc
effective date of this Agreement; which lien may be foreclosed upon in thc event of
non-compliance with the requirements of this Agreement.
8. REI_.EASE OF LIEN. Upon satisfactory completion of thc Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of thc waived 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 Agrccmcnt shall be binding upon thc parties lo this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by gift of thc 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.
- 3 -
OR: 2457 PG: 2790
16/ 20
I0. RECORDING. This Agreement shall be recorded by OWNER at thc expense of
OWNER in thc Official Records of Collier County, Florida, within fifteen (15) days aftcr
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 comply with thc affordable housing standards and qualification criteria established in thc
Impact Fee Ordinance and thereafter fails to pay tile impact fees due within thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the affordable housing qualification
criteria in thc Impact Fcc Ordinance for a period of fifteen { 15) days after notice of the violation.
12. REMEDIES. Should the OWNER ofthe property fail to comply with thc said
qualification criteria for fifteen (! 5j days after notice of violation, or should OWNER violate any
provisions of this Agreement. thc impact fees waived shall be paid in ft~ll by OWNER within
thirty (30) davs of said non-compliance. OWNER agrees that thc impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (15) years from the date of issuance ofthe certificate of occupancy or until
repaid. Such lien shall be superior and paramount to the interest in thc 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 (30) days after written notice to OWNER, thc
Board may bring a 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 fight or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attomcys
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.
- 4 -
IN WITNESS WHERECF, the parties have
Impact Fees on the date and year first above written.
OR: 2457 PG: 2791
16~20
executed this Agreement for Waiver of
OWNERS:
HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC.
~aae; c.'S'rnith~)Vic_~re~ident
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
.-/z.,- ..Z .:_-.-s~-_?v'. ''?'
/. . / . / ., vi."
attest as to Cha tr~an's
s tgnat,re on
Approved as to form and
legal sufficiency
? '
"c, ,; ' J ..i.
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Barb-~ B.'Berry, Ch~)'rrnan~-~-&~
STATE OF Florida )
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this -9-9/ day of
by Charles C. Smith,
known to me.
[NOTARIAL SEAL]
,.'~ ,6. ,1998,
Vice President of Habitat for Humanity of Collier County, Inc. He is personally
Sig~ure of Person Taking Ackrt~l~nt2°mnu~/~o°n~rs~v,2 I
Name of Acknowledger Typed, Printed or Stamped
.id/gm/cPoullard/agreement
- 5 -
OR: 2457 PG: 2792
16A20
EXHIBIT "A"
LEGAL DESCRIPTION - BULLARD SUBDIVISION
LOT 27, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS
RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
- 6 -
-/
1
OR:
2457
o o
._2
°-4
.'"4 OD
PG: 2793 ***
16A20
RESOLUTION NO. 98- ~_~a
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA. AUTHORIZING WAIVER OF LIBRARY
SYS'FEM IMPACT FEES. PARKS AND RECREATIONAL FACILITIES
IMPACT FEES. ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT
FOR HUMANITY OF COLLIER COUNTY. INC., ON LOT 28, BULLARD
SUBDIVISION. IMMOKALEE.
WHEREAS. Collier County has recognized and altcmpted lo addrcss thc lack of adcquatc and
affordable housing for moderate, low. and very-low income households in thc County and thc 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. I, 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 m Section 420.907 ct. sca... Florida Statutes and Chapter 91-37. Florida
Administrative Code; and
WltEREAS. in accordance with Collier County Ordinance No. 93-19, thc County is authorized to
usc funding from the State i lousing Initiatives Pannership [SHIP] Program for waivers of Collier County
impact fees; and
WHEREAS. Habitat for Humanity of Collier County. inc. is seeking a waiver of impact fees; and
WHEREAS. Habitat for Humanity of Co[tier County, Inc. will construct one (I) three-bedroom unit
(thc "Dwelling Unit") on l.ot 28. Bullard Subdivision. Immokalee which is proposed to sell for Forty-Six
Thousand Five Hundred Dollars (S46.500.00); and
WHEREAS. the Dwelling Unit will be purchased by a very Iow income household which is
required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the
house; and
WHEREAS. Mr. Charles C. Smith. Vice President of Habitat for Humanity of Collier County. Inc.,
submitted to thc Office of [lousing and Urban Improvement an Affordable Housing Application dated
August 6. 1998 for a waiver of impact fees for the construction of a house on Lot 28 Bullard Subdivision,
lmmokalee, a cop,',' of said application is on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance,
Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee
Ordinance, Ordinance No. 88-96. as amended; Section 3.04 of the Road Impact Fcc 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; and Section 3.05 of the Educational Facilities System Impact Fee
- i -
Ordinance. Ordinance ~o. 92-3~, ~s amended; an applicant m~y obt~i~ ~ wai~m' oF impact Fees by
qualifying For a waiver: and
WHEREAS. Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver
based upon the following representations made by Itabitat for Humanity oFCollier County, Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. Thc Dwelling Unit shal~ be sold to a household with a very Iow 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. I-Irc Dwelling Unit shall be the ltomestead ortho owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from thc date the certificate
of occupancy is issued.
NOW THEREFORE. BE I1 RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUN],Y, FLORIDA, that:
1. The Board of County Commissioners hereby authorizc~ the County Administrator to issue
an Authorization for waiver of impact Fees to Habitat for Humanity of Collier County, Inc.
for one (I) house which shall be constructed on Lot 28 BuHard Subdivision, Immokalce,
Collier County. Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agrccmcnt for waiver
of impact fees signed by Itabitat for Humanity of Collier County, Inc., and/or thc purchaser,
or other documentation acceptable lo thc County Attorney, thc Board of County
Commissioners hereby authorizcs thc payment by Collier County of thc Following impact
fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the
one (1) house to be built on Lot 28 Bullard Subdivision, Immokalec by Habitat for
[ tumanity o f Collier County, Inc.:
A, Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
~ I I Community Parks 399.00
12) Regional Parks ! 79,00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 5; 1.778.00
Total Impact Fees $ 3,929.52
- 2 -
3. The paymcnt of impact fees by Collier County is subject to the execution and recordation of
an Agreement for Waiver of Collier County Impact Fees between the property owner and/or
purchaser and the County.
This Resolution adopted after motion, second and majority vote favoring same.
ATFEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
!
· Attes~ a~ to Chalr~n's
's fgnature on l.~.
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
jd/gm/c,~oullard/r eso
- 3 -
EXHIBIT "A"
LEGAL DESCRIPTION - BULLARD SUBDIVISION
LOT 28, BUI.LARD SUBDIVISION, ACCORDING TO THE PLAT
BOOK TtlEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 7tl
AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
- 4 -
" 16A20~
.!
0 0
~J 0
I
2367386 OR: 2457 PG: 2794 .¢., s.oo
09/03/98 a~ 10:33~ D~IG~ I. BROCK, CLIEI ~ ~
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
~. 1998, by and
This Agreement for the Waiver of Impact Fees entered into this _ (]ay of _
between the Board of County Commissioners of Collier County, Florida. hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc.. hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County
Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96. as amended, 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; and Collier County Ordinancc No. 92-33, as amended, the Collier
County Educational Facilities System Impact Fee Ordinance, as they may be further amended
from time to time hereinafter collectively referred to as "Impact Fcc Ordinance", provide for
waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing;
and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS. thc County Administrator or his designee has reviewed thc OWNER's
application and has found that it complies with thc requirements for an affordable housing 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 thc Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
WHEREAS. the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 98- J_._~_~ at its regular meeting of... ~.,t~,-,,./_o~ j / ,1998; 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:
I. RECITALS INCORPORATED. The foregoing recitals arc 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 in
accordance with the standards set forth in the appendices to thc impact Fee Ordinance for a
period of fifteen (l 5) years commencing from thc date thc certificate of occupancy is issued for
the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a. The Dwelling Unit shall be sold to a household with a very. lox,,, incomc as
defined in the appendices to the impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within thc
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
b. Thc Dwelling Unit shall be sold to a first-time home buyer;
c. The Dwelling Unit shall be the homestead of owner;
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
- 2 -
OR: 2457 PG: 2796
16 20
c. OWNER is Ihe owner of record of the Dwelling Unit and owes impact
fees in the total amount of $3,929.52 pursuant Io Ihe Impact Fee
Ordinance. In return for lhe waiver of the impact fees owed by OWNER,
OWNER covenants and agrees Io comply with the affordable hot,sing
impac! fee waiver qualification criteria delailcd in Ibc Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unh subject to
impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only 1o houschokls
meeting thc criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unil must be utilized For
affordable housing for a fifteen (15) year period after the date lhe certificate o£ occupancy is
issued; and il' thc Dwelling Unit ceases to be utilized for that purpose during such period, Ibc
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon lhe Dwelling Unit on lhe
effective date o£ this Agreement; which lien may be foreclosed upon in the event of
non-compliance with thc requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (I 5) years after Ibc dale of issuance of the cerlificat¢ of occupancy, or
upon paymen! of' the waived impacl fees, lh¢ COUNTY shall, al the expense of the COUNTY,
record any necessary documentation evidencing the lerminalion of lhe lien, including, but nol
limi~.cd lo, a release of lien.
9. BINDING EFFECT. This Agreemen! shall be binding upon the parties Io this
Agreement and their respective heirs, personal representatives, successors and assigns. In lhe
case of sale or ~rans£er by gift oflhe Dwelling Unil, lhe original OWNER shall remain liable for
the impact fees waived until said impact fees are paid in full or until the condilions set forth in
lhe lmpac~ Fee Ordinance are satisfied. In addilion, Ibis Agreement shall run wi~.h ~.he land and
shall remain a lien against the Dwelling Unit until the provisions ofSeclion 8 are satisfied.
- 3 -
OR: 2457 PG: 2797
16A20
10. RECORDING. '[his Agreement shall bc recorded by OWNER at thc expense oF
OWNER in the Oflicial Records of Collier County, Florida, within fifteen (15) days aftcr
execution of this Agreement by the Chain'nan of the Board of County Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER
fails to comply with the affordable housing standards and qualification criteria established in the
Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (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 fifteen ( ! 5) days after notice ortho violation.
12. REMEDIES. Should the OWNER ofthe property fail to comply with the said
qualification criteria for fifteen ( 15; days after notice of violation, or should OWNER violate an>'
provisions of this Agreement. thc impact fees waived shall be paid in full by OWNER within
thirty (30) days of said non-compliance. OWNER agrees that thc impact fccs waived shall
constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
continuing for fi fiecn (15) years from the date of issuance of the certificate of occupancy or until
repaid. Such licn shall be superior and paramount to thc 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 {30) days after written notice to OWNER. the
Board may bring a 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 fees and costs, including attorneys
fees. incurred by the Board in enforcing this agreement, plus interest at thc statutory, rate for
judgments calculated on a calendar day basis until paid.
- 4 -
16A2
IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of
Impact Fees on the date and year first above written.
OWNERS:
HABITAT FOR HUMANITY OF
COLLIER COUNTY. INC.
C charles (~. smith, Vice Prcsid}nt
,/
DATED: . ~.///~
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~,ttest ~_~ to Chairs~n'$
sfgnature only,
Approved as to fo~ and
legal sufficiency
B arbS~'~ B. 'B~:rTr~', Cha~h-manX' -'
Heidi F. Ashton
Assistant County Attorney
STATE OF Florida )
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this o~.r-/day of .,42'~ 4,,
by Charles C. Smith,
known to me.
[NOTARIAL SEAL]
,1998,
Vice President of Habitat for Humanity of Collier County, Inc. He is personally
}~ 4t~ ~ ~vco~u,mo.. cc r~,:
Name of Acknowledger T~ed, Ph~~~-~-~$L {
.Id/gm/o'bu Ilard/agreement
- 5 -
OR: 2457 PG: 2799
16A20
EXHIBIT "A"
LEGAL DESCRIPTION - BULLARD SUBDIVISION
LOT 28, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS
RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
- 6 -
-/
OR: 2457 PG: 2800 ***
16A20
16A20
.ESO .tmOS NO. ON-?Y/
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY. FLORIDA, AUTHORIZING WAIVER OF LIBRARY
SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES
IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE tlOUSE TO BE CONSTRUCTED BY HABITAT
FOR tiUMANITY OF COLLIER COUNTY, INC., ON LOT 29. BULLARD
SUBDIVISION. IMMOKALEE.
WHEREAS. ('oilier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate. Iow. 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. I. 1. policy 2.1.2. policy 2.1.3. policy 2.1.5, and policy 2.1.6 ofthe Housing Element; and
WHEREAS. ('oilier County has received funding pursuant to thc 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. 93ol9, Ihe County is authori;,ed to
use funding from the State }lousing Initiatives Partnership [SHIP] Program for waivers of Collier County
impact fees; and
WHERE.,XS. I tab}tat for tfumanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS. l tab}tat for ttumanity of Collier County, Inc. will construct one (I) three-bedroom unit
(the "Dwelling Unit") on Lot 29, Bullard Subdivision, Immokalee which is proposed to sell for Forty-Six
Thousand Five Hundred Dollars (S46,500.00); and
WHEREAS. the Dwelling Unit will be purchased by a very Iow income household which is
required to inxest a minimum of five hundred (500) hours of"Sweat Equity" before it oblains title to the
house; and
WHERE.,\S. Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc.,
submitted to the Office of llousing and Urban Improvement an Affordable Housing Application dated
August 6. 1998 for a waiver of impact fees for the construction ora house on Lot 29 Bullard Subdivision,
Immokalee. a copy of said application is on file in the Housing and Urban Improvement Department; and
WHEREAS. in accordance with Section 3.04 of thc Library Syslem Impact Fee Ordinance,
Ordinance No. 88-97. as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee
Ordinance. Ordinance No. 88-96, as amended; 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; and Section 3.05 of the Educational Facilities System Impact Fee
- 1 -
16A20
Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by
qualifying for a waiver; and
WHEREAS. Habitat for Humanity of Collier Counly. Inc. }las qualified for an impact fee waiver
based upon thc following representations made by Habitat for Humanity of Collier County, Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold to a household with a very Iow income level as that term is
defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment
to purchase tile unit must be within the affordable housing guidelines established in the
Appendices to lhe respeclive Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead ofthe 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. Thc Board of County Commissioners hereby authorizes the County Administrator to issue
an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc.
for one ii) house which shall be constructed on Lot 29 Bullard Subdivision, Immokalce,
Collier County. Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver
of impact fees signed by llabitat for Humanity of Collier County, Inc., and/or thc purchaser,
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 thc Affordable Housing Trust Fund, Fund (191), in tho following amounts for the
one (I) house to be built on Lot 29 Bullard Subdivision, lmmokalcc by llabitat for
Humanity of Collier County, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fcc 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
{ 1 ) Community Parks 399.00
(2) Regional Parks ! 79.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fcc S 1.778.00
Total Impact Fees $ 3,929.52
- 2 -
I6A20
3. Thc payment of impact t'ccs by Collier County is subject to thc execution and recordation of
an Agreement for Waiver o£Coilier County Impact F~es b~tween the property owner and/or
purchaser and the Coumy.
This Resolution adopted alter motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGHT E. BROCK. Clerk
/' ,/
Attest ~s t.o Chatre~n's
signature
Approved as to Form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Barb-X.~ g.-l~q~-~,Chai-Xrman ~.- ~
jd/gm/c/bullard rcso
-3-
I6A20
EXIIIBIT "A"
LEGAL DESCRIPTION - BULLARD SUBDIVISION
LOT 29, BULLARD SUBDIVISION, ACCORDING TO THE PLAT
BOOK THEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76
AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
- 4 -
OR: 2457 PG: 2776
16 20
10. RECORDING. This Agreement shall be recorded by OWNER at thc expense of
OWNER in the Official Records of Collier County, Florida. within fifteen (15} days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
i 1. DEFAULT. OWNER shall be in default of this Agreement (l) where OWNER
fails to comply with the affordable housing standards and qualification criteria established in thc
Impact Fee Ordinance and thereafter fails to pay the impact fees duc within thirly (30) days of
said non-compliance, or (2) where OWNER violates one of the affordable hot,sing qualification
criteria in the Impact Fcc Ordinance for a period of fifteen (15) days after notice of the violation.
12, REMEDIES. Should thc OWNER of thc property fail to comply with thc said
qualification criteria for fifteen (I 5) days after notice of violation, or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be paid in fi~ll by OWNER within
thirty (30) days of said non-compliance. OWNER agrees that thc impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
continuing for fiftccn {15) years from thc date of issuance of the certificate of occupancy or until
repaid. Such lien shall be superior and paramount to the interest in thc Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the Ii r County taxes and shall be on
parity with thc lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, thc
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in
mortgage on real property. This remedy is cumulative with
to the COUNTY. The Board shall be entitled to recover all
fees. incurred by the Board in enforcing this agreement.
judgments calculated on a calendar day basis until paid.
uity as for the foreclosure of a
other right or remedy available
and costs, including attorneys
,nterest at the statutory rate for
- 4 -
PG: 2777
16A20
IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of
Impact Fees on the date and year first above written.
Witnesses:
Print
./
/~fint Name
k, '5i"
OWNERS:
HABITAT FOR HUMANITY OF
COLLIER COUNTY. INC.
&'~Zl~arl-es C. Sm~5',~Vi~ President
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
'7' / -" /
Attest as to Chairman's
signature on)j.
Approved as 1o form and
legal sufficiency
l~a~ B. ~errr~, Ch~irman~'~x~
Heidi F. Ashton
Assistant County Attorney
STATE OF Florida )
COUNTY OF Collier .)
The foregoing instrument was acknowledged before me this J~/ day of/~-,4, ~.
by Charles C. Smith,
known to me.
· [NOTARIAL SEAL]
,1998,
Vice President of Habitat for Humanity of Collier County, Inc. He is personally
Signatdre of Person Taking Ackno~~nt
Name of Acknowledger Typed, Prinl~-~-r--b-t~h-~cl- ........
- 5 -
EXHIBIT "A"
LEGAL DESCRIPTION - BuLLARD~DIVISION
LOT 25, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS
RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
- 6 -
*** OR: 2457 PG: 2779 ***
16A20
Z
16~20~
Z
J
0 0
2367387 OR: 2457 PG: 2801
CLIH
~0~
~ICO~ID
This Agreement for the Waiver of Impact Fees entered into this~ day ofv 1998, by and
between the Board of' County Commissioners of Collier County, Florida. hereinafter referred Io
as "COUNTY" and ttabitat for ttumatfity of Collier Count)', inc., hereinafter referred to as
"OWNER."
WITNESSETH:
\\qqEREAS. Collier County Ordinance No. 88-97, as amended, thc Collier County
Libra~' System Impact Fcc Ordinance; Collier County Ordinance No. 88-96. as amended, thc
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, tile Collier County
Road Impact Fcc Ordinance; and Collier County Ordinance No. 92-33. as amended, thc Collier
County Educational Facilities System Impact Fcc Ordinance, as they may be further amended
from time to time hereinafter collectively referred to as "Impact Fcc Ordinance", provide for
waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing;
and
WHEREAS, OWNER has applied for a waiver of impact fees as required by tile Impact
Fee Ordinance. a cop.,,' of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, thc County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing waiver
of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, tile impact fcc waiver shall be presented in lieu of payment of tile requisite
impact fees subject to satisfaction of all criteria in thc Impact Fee Ordinance qualifying thc
project as eligible for an impact fee waiver; and
- i -
OR: 2457 PG: 2
0
WllEREAS. thc COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 98- _??,~ at its regular meetingof _ ,~' ~:..r,.U~z,,// , 1998; and
WHEREAS, the Impact Fee Ordinance requires that lhe OWNER enter into an
Agreement wilh thc COUNTY.
NOW, THERF. FORE, in consideration of the foregoing recitals, tim parties covenant and
agree as follows:
1. RECI'F.,\LS INCORPORATED. The foregoing recitals arc true and correct and shall
bc incorporated by reference herein.
2. LEGAL DESCRIPTION. lhe legal description of the dwelling unit (the "Dwelling
Unit") and site plan is attached hereto as Exhibit "A" and incorporated by referencc
herein.
3. TERM. O\VNER agrees that the Dwelling Unit shall remain as affordable housing in
accordance with tim 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.
REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
Thc Dv,'elling Unit shall be sold to a household with a very Iow income as
defined in tile appendices to thc Impact Fee Ordinance and his/her
monthly payments lo purchase the Dwelling Unit shall be within tile
affordablc housing guidelines established in tile appendices to tile Impact
Fee Ordinance;
Tile Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
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
following:
- 2 -
OR: 2457 PG: 2803
16 20
c. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of S3,929.52 pursuant to the Impact Fee
Ordinance. In return for the 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 Fcc
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee v,'aiver to a subsequent purchaser, 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 tbr a fifteen (151 year period after the date the certificate of occupancy is
issued; and if thc Dwelling Unit ceases lo be ulilizcd for Ihat purpose during such period, thc
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of thc certificate of occupancy, or
upon payment of the waived 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 Section 8 are satisfied.
- 3 -
OR: 2457 PG: 2804
16 20
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in thc Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
I 1. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER
fails to comply with the affordable housing standards and qualification criteria established in thc
Impact Fcc Ordinance and thereafter fails ~'o pay the impact fees duc within thirty (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 fifteen (15) days after notice of the violation.
12. REMEDIES. Should the OWNER ofthe property fail to comply with the said
qualification criteria for fifteen (15) days after notice of violation, or should OWNER violate any
provisions of this ,.\grccment, the impact fees waived shall be paid in full by OWNER within
thirty (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 for fifteen (I 5) years from the date of issuance of the certificate of occupancy or until
repaid. Such licn shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person excep! 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 (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or othcnvise 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 COUNT','. The Board shall be entitled to recover all fees and costs, including attorneys
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.
- 4 -
OR: 2457 PG: 2805
16~20
IN WITNESS WHEREOF, the parties have executed this Agreement
Impact Fees on the date and year first above written.
for Waiver of
OWNERS:
HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC.
DATED: -'
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Barb'"~ri B.'B~2rr~. Cl~aXkmanX,-' ~
Approved as to form and
legal sufficiency
.:'.,_ .1 ' i~
H'eidi F. A-shton
Assistant County Attorney
STATE OF Florida )
COUNTY OF Collier )
The foregoing instrument '.vas acknowledged before me this ~ 9( day of
1998,
by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc./'/Fie is personally
known to me.
[NOTARIAL SEAL]
jd~gm/clbu II'h[~liljreeme nt
Sfgn)xfire of Person Taking Ackno~)fedgment
Name of Acknowledger Typed, Printed or Sta~_ped
- 5 - ld-_~_r~,~_~L m ~a..s,.,~a~,coJ
OR:
2457 PG: 2806
16~20
EXHIBIT "A"
LEGAL DESCRIPTION - BULLARD SUBDIVISION
LOT 29, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS
RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
- 6 -
Z
L
(SF~ S-O~O) 80' R/W
*** OR:
2457
RESOLUTION NO. 98- ~5 0~
RESOI.UTION OF TIlE BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY. FLORIDA, AUTHORIZING WAIVER OF LIBRARY
SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES
IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT
FOR HUMANITY OF COLLIER COUNTY. INC., ON LOT 30, BULLARD
SUBDIVISION. IMMOKALEE.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate. Iow. 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 Count.,,' Growth Management Plan, including: objective !.4, policy ! .4. I; 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 i.6.3; objective 2. I. policy
2. I. 1. policy 2.1.2. policy 2. 1.3. policy 2.1.5. and policy 2.1.6 of the Housing Element; ami
WHEREAS. Collicr County has rcccivcd funding pursuant to the State Housing Initiatives
Panncrship Program set forth in Section 420.907 et. seq., Flor/da Statutes and Chapter 91-37, Florida
Administrative ('ode: and
WHEREAS. in accordance with Collier County Ordinance No. 93-19, the County is author/zed to
use funding from the Stale }lousing Initiatives Partnership }SHIP] Program for waivers of Collier County
impact fees; and
WHEREAS. ttabitat for Itumanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS. Habitat for Humanity of Collier County. Inc. will cons}fuel one ( I ) three-bedroom unit
(the "Dwelling Unit") on Lot 30, Bullard Subdivision, hnmokalee which is proposed to sell for Forty-Six
Thousand Five Hundred Dollars (S46,500.00); and
WHEREAS. the Dwelling Unit will be purchased by a very Iow income household which is
required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the
house: and
WHEREAS. Mr. Charles C. Smith. Vice President of Habitat for Humanity of Collier County. Inc.,
submitted to the Office of }lousing and Urban Improvement an Affordable Housing Application dated
August 6. 1998 for a waiver of impact fees for the construction ora house on Lot 30 Bullard Subdivision,
lmmokalec, a cop>' of said application is on file in the Housing and Urban Improvement Department; and
WItEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance,
Ordinance No. 88-97. as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fcc
Ordinance. Ordinance No. 88-96. as amended; 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; and Section 3.05 of the Educational Facilities System Impact Fee
- ! -
16A20"
Ordinance. Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by
qualifying for a waiver; and
WHEREAS. Habitat for Humanity of Collier County. [nc. has qualified for an impact fee waiver
based upon the following representations made by Habitat for Humanity of Collier County. Inc.:
A. Tile Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shal' be sold to 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 ttomestead of the owner.
D. '['he Dxvclling [;nit shall remain affordable for fifteen {15} years from the dale Ihe certificate
of occupancy is issued.
NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA, that:
I. The Board of County Commissioners hereby authorizes the County Administrator lo issue
an Authorization for waiver of impact fees to Habitat for ilumanity of Collier County. Inc.
for one {11 house which shall be constructed on Lot 30 Bullard Subdivision. [mmokalce.
Collier County. Florida.
2. Upon receipt by thc }lousing and Urban Improvement Director oran agreement for waiver
of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser,
or other documentation acceptable to the County Attorney, Ihe Board of County
Commissioners hereby authorizes the payment by Collier County of the following impact
rccs {'rom the Affordable Housing Trust Fund, Fund (191}, in thc following amounts for the
one (I} house to be built on Lot 30 Bullard Subdivision, Immokalee by Habitat for
Humanity of Collier Count), Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fcc:
( I ) Community Parks 399.00
(2) Regional Parks 179.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee S !.778.O0
Total Impact Fees S 3,929.52
- 2 -
3. The payment of impact £ccs by Collier County is subject to file execution and recordation of
an Agreement for Waiver of Collier County Impact Fees between Ibc property owner and/or
purchaser and thc County.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Sfgnature
Approved as to form and
legal sufficiency:
~eidi I~ ASh{on
Assistant County Attorney
jd/gngo~ullard,'reso
- 3 -
EXHIBIT "A"
I.EGAL DESCRIPTION - BULLARD SUBDIVISION
LOT 30, BULLARD SUBDIVISION, ACCORDING TO TIlE PLAT
BOOK THEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76
AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
- 4 -
0
2367388 OR: 2457 PG: 2808
CLIH TO ?H! BOARD ~ICOIDID ia the O~IClAL IICO~DS Of ¢0~III CO~,
lit 7240
AGREEMENT ~OR WAI~ER OF COLLIER COUNTY
This Agreement for thc Waiver of Impact Fees entered into this ~day
of~ 1998, by and
between the Board of County Commissioners of Collier County, Flo~da, hereinafter rcfe~cd to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter rcfe~ed to as
"OWNER."
WITNESSETH:
WHEREAS. Collier County Ordinance No. 88-97, as amended, the Collier County
Librao~ System Impact Fee Ordinance; Collier Counly Ordinance No. 88-96. as amended, thc
Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County
Ordinance No. 91-71, as amended, the Collier County Emergency Medical Semiccs System
Impact Fee Ordinance: Collier County Ordinance No. 92-22, as amended, thc Collier County
Road lmpacl Fee Ordinance; and Collier County Ordinance No. 92-33. as amended, thc Collier
County Educational Facilities System Impact Fee Ordinance, as they may be fu~hcr amended
from time to time hereinafter collectively refe~ed to ~ "Impact Fee Ordinance", provide for
waivers of impact fees for now owner-occupied dwelling unit quai[fying ~ affordable housing;
and
WHEREAS, OWNER has applied for a w~iver of impact fees as required by the Impact
Fee Ordinance~ a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Administrator or his designee has reviewed the O~ER's
application and has found that it complies with the requirements for an affordable housing waiver
of impact fees as established in the Impact Fee Ordinance; and
~VHEREAS. the impact fee waiver shall be presented in lieu of pa~cnt of the requisite
impact fees subject to satisfaction of all c~leria [n the Impact Fee Ordinance qualifying thc
project as eligible for an impact fee waiver; ~d
16A20
33.00
7.00
- 1 -
OR', 2457 PG:
WHEREAS, t}~c COUNTY approvcd a waivcr of impact fccs for OWNER cmbodicd ~n
Resolution No. 98- ~ ',~ ~~~
'~ at its regular meetingof / / 1998; and
WHEREAS, thc Impact Fee Ordinance requires that the OWNER enter into an
Agreement with thc COUNTY.
NOW, TI IEREFORE, in consideration of the foregoing recitals, the panics covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals arc tree and co~ect and shall
be info.orated 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 info.orated by reference
herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain ~ affordable housing in
accordance with the standards set fo~h in the appendices to the Impact Fcc Ordinance for a
period of fifteen (15) years commencing from the date the certificate of occupancy is issued for
the Dwelling Unit.
REPRESENTATIONS AND WARRANTIES, OWNER represents and wa~anls thc
following:
The Dwelling Unit shall be sold to a household with a very Iow income as
defined in thc appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within thc
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
/he Dwelling Unit shall be the homestead ofowner;
Thc 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
- 2 -
OR: 2457 PG: 2810
16 20
c. OWNER :s thc owner of record of Iht Dwelling Unit and owes in]pact
fees in the total amount of $3,929.52 pursuant to thc Impact Fcc
Ordinance. in return for the waiver of the impact fees owed by OWNER,
OWNER covenants and agrees to comply with the affordable housing
impact lee waiver qualification criteria detailed in the hnpact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. IfOWNER sells thc Dwelling Unit subject to the
impact fee waiver to a subsequent purchaser, 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, thc
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dv.'elling Unit on thc
effective date of this Agreement; which lien may be foreclosed upon in thc event of
non-compliance with thc requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion o1' thc Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of thc waived impact fees, the COUNTY shall, at the expense of the COUNTY,
rccord any necessary, documentation evidencing the termination of the lien, including, but not
limited to, a release oFlien.
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 mn with the land and
shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
- 3 -
OR: 2457 PG: 2811
16A20
1~). RECORDING. This Agreement shall be rccordcd by OWNER at thc expense of
OWNER in tile Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
11. DEFAULT. OWNER shall be in default ofthis Agreement (1) where OWNER
Fails to comply with tile affordable housing standards and qualification criteria established in thc
Impact Fee Ordinance and thereafter fails to pay the impact fees duc within thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the affordable housing qualification
criteria in thc Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria for fifteen (15) days after notice of violation, or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thirty (30) days of said non-compliance. OWNER agrees that thc impact fees waived shall
constitute a lien on the Dwelling Unit commencing on tile effective date of this Agreement and
continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until
repaid. 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 default of this
Agreement and thc default is not cured within (30) days after written notice to OWNER, thc
Board may bring a 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 fight or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate fox'
judgments calculated on a calendar day basis until paid.
- 4 -
OR: 2457
IN WITNESS WHEREOF, lhe panics have executed this Agreement for Waiver of
Impact Fees on the date and year first above written.
OWNERS:
HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC.
~ 'Charles C. S.~m_it.h,)fficc Presktent
ATTEST:
DWIGHT E. BROCK, Clerk
Attest",Is 1:6 'C~air~an' s
signature onl.~.
Approved as to form and
legal sufficiency
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Barb'~x~B:[lorr~: Chai~nan ~-' ~
STATE OF Florida
COUNTY OF Collier
)
)
The foregoing instrument xvas acknowledged before me this .
by Charles C. Smith,
known to me.
[NOTARIAL SEAL]
jd/gm/c/bullar~'agreement
,~'ff' day of ,,4:74,, ~,, ,1998,
Vice President of Habitat for Humanity of Collier County, Inc. He is personally
~__gr(ature of Person Taking Ack~'ledgment
Name of Acknowledger Typed, Printed or Stamped
OR: 2457 PG: 2813
16~20
EXHIBIT "A"
LEGAL DESCRIPTION - BULLARD SUBDIVISION
LOT 30, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS
RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
- 6 -
Z
*** OR: 2457
Z
<:
PG~ Z814_***
RESOLUTION NO. 98- -~"~ ?
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA. AUTHORIZING WAIVER OF LIBRARY
SYSTEM IMPACT FEES. PARKS AND RECREATIONAL FACILITIES
IMPACT FEES, ROAD IMPACT FEES. EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT
FOR HUMANITY OF COLLIER COUNTY. INC.. ON LOT 31. BULLARD
SUBDIVISION. IMMOKALEE.
WHEREAS. Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate, Iow, and very-low income households in thc County and thc 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 !.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. I. policy
2. I. I, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and
WHEREAS. ('oilier Count,,.' has received funding pursuant to the State Housing Initiatives
Partnership Program set forth in Section 420.907 ct, 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. Habitat for Humanity of Collier County. Inc. is seeking a waiver of impact fees; and
WltEREAS. Habitat for Humanity of Collier County. Inc. will construct one ( I ) three-bedroom unit
(thc "Dwelling Unit"} on Lot 31. Bullard Subdivision, Immokalee which is proposed to sell for Forty-Six
Thousand Five Hundred Dollars ($46,500.00); and
WHEREAS. thc Dwelling Unit will be purchased by a very low income household which is
required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the
house; and
WHEREAS. Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc.,
submitted to the Office of ftousing and Urban Improvement an Affordable Housing Application dated
August 6, 1998 for a waiver of impact fees for the construction of a house on Lot 31 Bullard Subdivision,
lmmokalce, 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 Library System Impact Fee Ordinance.
Ordinance No, 88-97. as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee
Ordinance. Ordinance No. 88-96. as amended: 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; and Section 3.05 of the Educational Facilities System Impact Fee
- 1 o
I6 20
Ordinance. Ordinance No. 92-33. as amended; an applicant may obtain a waiver of impact fees by
qualifying for a waiver: and
WHEREAS. Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver
based upon thc following representations made by tlabitat for Humanity of Collier County. Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold to a household with a very Iow income level as that term is
defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment
to purchase tile 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. Tile 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:
I. The Board of County Commissioners hereby authorizes the County Administrator to issue
:m Aulhorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc.
for one (l) house which shall be constructed on Lot 31 Bullard Subdivision. immokalee,
Collier County. Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver
of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser.
or olhcr documentalion acceptable to Ihe County Attorney, tile Board of County
Commissioners hereby authorizes the payment by Collier County of the following impact
fees from tile Affordable }lousing Trust Fund, Fund (191), in the following amounts for the
one (I) house to be built on Lot 31 Bullard Subdivision. Immokalee by Habitat for
Humanity of Collier County, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee i,379.00
C. Parks and Recreational Facilities
Impact Fee:
( I ) Community Parks 399.00
(2) Regional Parks 179.00
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee $ 1.778.00
Total Impact Fees $ 3,929.52
- 2 -
16A205
3. Thc paymcnt of impact fees by Collier County is subject to the execution and recordation of
an Agreement for Wab, er of Collier County Impact Fees between thc properly owner and/or
purchaser and thc County.
This Resolution adopted aftcr motion, sccond and majority vote favoring same.
DATED:
ATTEST:
DWIGHT E. BROCK, Clcrk
signature on]!.
Approved ~s to Fo~ ~nd
]~a] suF~cicncy:
~idi ~. Ashmn
Assis[~n[ County AHomcy
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~arb~a fi.'l~r~,Cfia~ernan ~ ~
jd/gm:'c/bulla rd~r e so
- 3 -
" 16A20
EXIIlBIT "A'
I.EGAI. DESCRIPTION - BUI.I.ARD SUBDIVISION
I.OT 31, BUI.LARD SUBDIVISION, ACCORDING TO TIlE PI.AT
BOOK TilEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76
AND 77. OF TIlE PUBLIC RECORDS OF COLLIER COUNTY,
FI.ORIDA.
- 4 -
'.i. b A 2_. 0 4
,,=,: 2367389 OR: 2457 PG: 2815 1 6 A 2 0
CLI~E ?0 ?El BOARD IIC01OI0 tn the 0I~IC~L ~lC01O$ of C0~III C0~,~L
~ITI~0~HC! ~T~ ~L~ 0~/0)/~l aL ~0:33~ Oi~ I. BRai, C~il[
7240 UC ~11 33.00
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEESc0MI~
This Agreement for the Waiver of Impact Fees entered into this/_ day of ~,..~/~" 1998, by and
/
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and ttabitat for Humanity of Collier County, Inc.. hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier Cotmty Ordinance No. 88-97. as amended, the Collier County
Library System Impact Fcc Ordinance; Collier County Ordinance No. 88-96, as amended, the
Collier County Parks and Recreational Facilities Impact Fee Ordinance: Collier County
Ordinance No. 91-71, as amended, thc Collier County Emergency Medical Services System
Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, thc Collier County
Road Impact Fee Ordinance: and Collier County Ordinance No. 92-33. as amended, thc Collicr
County Educational Facilities System Impact Fee Ordinance, as they may be timber amended
from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for
waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing;
and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance. a cop3' of said appiication being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Administrator or his designee has reviewed thc OWNER's
application and has found that it complies with the requirements for an affordable housing waiver
of impact fees as established in the Impact Fee Ordinance; and
WItEREAS. thc impact fcc waiver shall be presented in lieu of payment of thc requisite
impact fccs subject to .~afi~faction of all criteria in thc Impel Fcc Ordinancc qualifying thc
project as chg~blc for an ~mpact fee waiver; and
- 1 -
WHEREAS. thc COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 98- " / at its regular meeting of....,.~//~,+ /.. , 1998; and
WHEREAS, thc hnpact Fee Ordinance requires that the OWNER enter into an
Agreement with thc COUNTY.
NOW, THEREFORE, in consideration of thc foregoing recitals, thc parties covenant and
agree as follows:
I. RECITALS INCORPORATED. The foregoing recitals arc true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (thc "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 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.
REPRESENTATIONS AND WARRANTIES. OWNER represents and warranls thc
following:
The Dwelling Unit shall be sold to a household with a ','cry' Iow income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fcc Ordinance;
Thc Dwelling Unit shall be sold to a first-time home buyer:
The Dwelling Unit shall be the homestead of owner;
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
- 2 -
OR: 2457 PG: 2817
16 20
c. OWNER ~s the owner of record of the Dwelling Unit and owes impact
fccs in thc total amount of S3.929.52 pursuant to the Impact Fcc
Ordinance. In return for the waiver of the impact fees owed by OWNER,
OWNER covenants and agrees to comply with the affordable housing
impact fcc waiver qualification criteria detailed in the Impact Fcc
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to thc
impact fee waiver to a subsequent purchaser, thc Dwclling Unit shall be sold only to households
meeting the criteria set forth in the Impact Fcc 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, thc
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. Thc waived impact fees shall be a lien upon thc Dwelling Unit on thc
effective date of this Agreement; which lien may be foreclosed upon in thc event of
non-compliance with thc requirements of this Agreement.
8. RELEASE OF I. IEN. Upon satisfactory completion of thc Agreement
requirements and fifteen (I 5) .,,'ears after thc date of issuance of thc certificate of occupancy, or
upon payment of thc waivcd impact fees, thc COUNTY shall, at thc expense of thc COUN'I"Y.
record any necessary docmnentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon thc parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In thc
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.
- 3 -
OR: 2457 PG: 2818
16 20
10. RECORDING. This Agreement shall be recorded hy OWNER at thc expense of
OWNER in thc Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of thc Board of County Commissioners.
1 1. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER
fails to comply with the affordable housing standards and qualification criteria established in thc
Impact Fee Ordinance and thereafter fails to pay the impact fees duc within thirty (31')) days of
said non-compliance, or (2) wi'icrc O\VNER violates one of thc affordable housing qualification
criteria in tile Impact Fee Ordinance for a period of fifteen {15} days after notice of the violation.
12. REMEDIES. Should the OWNER ofthe property fail to comply with the said
qualification criteria for fifteen (15) days after notice of violation, or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thirty (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 for fifteen (15) years from the date of issuance of the certificate o f occupancy or until
repaid. 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 he on
parity with the lien of any such County faxes. Should lhe OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or othenvise enforced by the COUNTY by action or suit in equity as for thc 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 fees and costs, including atton'~eys
fees, incurred bv the Board in enforcing this agreement, plus interest at the slatutory rate for
judgments calculated on a calendar day basis until paid.
- 4 -
OR: 2457 PG: 2819
16A20
IN WITNESS WHEREOF, thc panics have executed this Agreement for Waiver of
Impact Fees on the date and year first above written.
OWNERS:
HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC.
· Charles C. Sm.ith.,J~ice President
DATED: ~:~//
ATTEST:
DWIGHT E. ,BROCK, Clerk
-/ ,/-- - ,//
Attest ts to Chairman's
signature onl].
Approved as to Form and
legal sufficiency
H'~Fdi Fi-Ashtc~h ~(~.~ ~)
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BarbA~'i B :l~e~, Ch'~an~ - ~
STATE OF Florida )
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this ,,~p/ day of ~e4 , i 998,
by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally
[NOTARIAL SEAL] Signf.~re of Pcrson Taking AcknoWledgment
jd/gm/c/bu Ilard/agreement
Prin--
Name of Acknowledger Typed.
-- ~ --
OR:
2457 PG: 2820
16~20
EXHIBIT "A"
LEGAL DESCRIPTION - BULLARD SUBDIVISION
LOT 31, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS
RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
- 6-
z
L~K£
'0
o I~,
I
,
I '
(sa
8o' r/w (£x~st~c) ----
OR:
2457
· -4 ,-4
I
,,.0 0
PG: 2821 ***
]6A20
RESOLUTION NO. 98-~5'2
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY. FLORIDA, AUTHORIZING WAIVER OF LIBRARY
SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES
IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT
FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 32, BULLARD
SUBDIVISION, IMMOKALEE.
WIIEREAS. Collier County has recognized and attempted to address lhe lack of adequate and
affordable housing for moderate, Iow, 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 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 1.5.4, policy 1.5.5. policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy
2.1. I. policy 2.1.2. policy 2.1.3, policy 2.1.5, and policy 2.1.6 of Ibc Housing Element; and
WHEREAS. Collier County has received Funding pursuant to thc State Housing Initiatives
Parlncrship Program set forth in Section 420.907 et. seo.., Florida Slatutcs and Chapter 91-37, Florida
Adminislrativc Code; and
WHEREAS. in accordance with Collier County Ordinance No. 93-19, thc County is authorized to
use funding from the State ttousing Initiatives Parlnership [SHIP] Program for waivers of Collier County
impact Fees;
W}tEREAS. t labitat for I lumanity of Collier County, Inc. is seeking a waiver of impact Fees; and
WHEREAS. Habitat for Humanity of Collier County, inc. will construct one (I) three-bedroom unit
(the "Dwelling Unit") on Lot 32, Bullard Subdivision, Immokale¢ which is proposed to sell for Forly-Six
Thousand Five Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit ~ill be purchased by a very Iow income household which is
required to invest a minimum of five hundred {500) hours of "Sweat Equity" before it obtains title to tim
house; and
WHEREAS, Mr. Charles C. Smith, Vice President of Habilat for Humanity of Collier County, Inc.,
submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated
August 6, 1998 for a waiver of impact fees for Ihe construction ora house on Lot 32 Bullard Subdivision,
Immokalcc, a copy of said application is on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance,
Ordinance No. 88-97. as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee
Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of thc Road Impact Fee Ordinance, Ordinance
No. 92-22. as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance,
Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fcc
- 1 -
Ordinance, Ordinance No. 92-33. as amended; an applicant may obtain a waiver of impact fccs by
qualifying For a waiver: and
WtlEREA$. tlahitat for ttum miry of Collier County. Inc. has qualified for an impact fee waiver
b~ed upon ~he following representations made by Habitat for Humanity of Collier County, Inc.:
A. The Dwelling Unit shall be ~ld to a tint-time home buy~.
B. Thc Dwelling Unit shall be ~ld to a household wilh a v~ Iow income level as lhat tc~ is
defined in Ihe Appendices to the resp~tive Impact Fee Ordinanc~ and the monthly payment
~o purchase thc unil must he wilhin the affordable housing guidelines established in the
Appendices ~o the respective Impaci Fcc Ordinances.
C. The Dwelling Unit shall be lhc Homestead of thc owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) yca~ from thc dale the ccaificatc
of occupancy is issued.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~Y COMMISSIONERS
OF COLLIER COUNTY. FLORIDA. thai:
I. Thc Board or Counly Commissioners hereby authorizes the County Adminislrator to issue
an Authorization for waiver of impacl fees to Habitat tot Humanity or Collier County, Inc.
for one (I) house which shall be const~ct~ on ~t 32 Bullard SuMivision, Immokalcc,
Collier County. Florida.
2. Upon receipt by the Housing and U~ lmp~vem~t Dirtier of an a~eement for waiver
of impact tees signed by Habitat for Hum~ity of Colli~ County, Inc., an~or Ibc purch~er,
or other documentation acc~labl¢ to the County Attorney, lhe Board o~ County
Commissioners hereby authorizes thc payment by Collier County or thc following impact
~ees ~rom thc Affordable Housing Tnlst Fund, Fund (191), in thc following amounts For
one (1} house Io be built on Lot 32 Bullard Subdivision, lmmokalee by Habitat for
ttumaniiy of Collier County, inc.:
A. Library Impact Fee S 180.52
B. Road Impact Fee 1,370.00
C. Parks and Recreational Facilities
Impact Fcc:
/11 Community Parks 399.00
{2) Regional Parks 179.0(I
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee $ 1.778.O0
Total Impact Fees $ 3,929.52,
-2 -
Thc payment of impact fccs by Collier County is subject to thc execution and recordation of
an A~rccmcnt for Wai,,er of Collier County Impact Fees belween the property owner and/or
p,rchaser and the County.
This Resolution adopted after motion, second and majority vote favoring same.
DATED: ~/~
A'FI'EST:
,DWIGHT E. BROCK, Clerk
signature ofll~.
Approved a.s to Form and
legal sufficiency:
Heidi F. Asht~>n
Assistant County Attomcy
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
jd/gm~o'butlard'reso
- 3-
: 6A20
EXHIBIT
LEGAL DESCRIPTION - BULI.ARD SUBDMSION
LOT 32, BULLARD SUBDIVISION, ACCORDING TO THE PLAT
BOOK TilEREOF, AS RECORDED IN PLAT BOOK 27, AT PAGES 76
AND 77, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
16A2.0 ~
2367390 OR: 2457 PG: 2822
CLIH ?0 ?]~1 ~OAD UCODID in ~ht 0UIClA~ UCODJ 0[ CO~Ill CO~, ~
IITI~0UICI ~T~ FL00~ 09/03/~ at 10:33~ D~IG~ I, H~[, CLIH
~I? ~2i0
AGREEMENT FOR ~VAIVER OF COLLIER COUN~ IMPACT FEES
16A20
RIC Fl[ 33.00
cO~lS ?.00
This Agreement for the Waiver of Impact Fees entered into this/'~t"ay of ~F~/.~- 1998, by and
/
between the Board of County Commissioners of Collier County, Florida, hereinafter referred 1o
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
"OWNER."
WlTNESSETH:
WItEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County
Library System Impact Fcc Ordinance; Collier County Ordinance No. 88-96, as amended, thc
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; and Collier County Ordinance No. 92-33, as amended, the Collier
County Educational Facilities System Impact Fee Ordinance, as they may be further amended
from time to time hereinafter collcctivcly referred to as "Impact Fcc Ordinance", provide for
waivers of impact fccs for new owner-occupied dwelling unit qualifying as affordable housing;
and
WHEREAS, OWNER has applied for a waiver of impact fccs as required by the hnpact
Fee Ordinancc, a copy of said application being on file in the office of Housing and Urban
Improvcmcnt; 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 waiver
of impact fees as cstablished in the Impact Fee Ordinance; and
WHEREAS, the impact fcc waiver shall be prcscnted in lieu of payment of the rcquisite
impact fecs subjcct to satisfaction of all crite:ia in the Impact Fee Ordinance qualifying the
project as cligiblc for an impact fcc waiver; and
- I -
OR', 2457 0
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 98-----7~5~ at its regular meeting of ,~~ / , 1998; 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:
I.
RECITALS INCORPORATED. Thc foregoing recitals are true and correct and shall
be incorporated by reference herein.
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.
TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing 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 WARRANIIES. OWNER represents and warrants thc
following:
a. The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
b. The Dwelling Unit shall be sold to a first-time home buyer;
c. The Dwelling Unit shall be the homestead of owner;
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
- 2 -
OR: 2457 PG: 2824
16/ 20
e. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of S3,929.52 pursuant to the impact Fee
Ordinance. In return for the 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 thc Impact Fcc
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to thc
impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. Thc 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 thc Dwelling Unit ceases to be utilized for that purpose during such period, the
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon thc Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in thc event of
non-compliance with thc requirements of this Agreement.
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 o£ the waived impact fees, the COUNTY shall, at the expense of thc COUNT',',
record any necessary documentation evidencing thc termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the panics to this
Agreement and their respective heirs, personal representatives, successors and assigns. In thc
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 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 the Dwelling Unit until the provisions ofSection 8 are satisfied.
- 3 -
OR: 2457 PG: 2825
16 20
10. RECORDING. 1'his Agreement shall be recorded by OWNER at thc expense of
OWNER in thc Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of Counly Commissioners.
11. DEF'AUI~I. OWNER shall be in default of this Agreement (I) where OWNER
fails to comply with the affordable housing standards and qualification criteria established in the
Impact [:cc Ordinance and thereafter fails to pay thc impact fees duc within thirty (30) days o£
said non-compliance, or (2) where OWNER violates one of the affordable housing qualification
criteria in the Impact Fcc Ordinance for a period of fifteen (15) days after notice of thc violation.
12. REMEDIES. Should tile OWNER of the properly fail to comply with the said
qualification criteria for fifteen (15) days after notice of violation, or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be paid m full by OWNER within
thirty (30) days of said non-compliance. OWNER agrees that the impact I'ccs waived shall
constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until
repaid. Such lien shall be superior and paramount to thc interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except thc 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 (30) days after written notice to OWNER, tile
Board may bring a civil action to enforce this agree~ncnt. In addition, the lien may be foreclosed
or otherwise enforced bv the COUNTS' 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 ali fees and costs, including attorneys
fees, incurred by thc Board in enforcing this agreement, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
- 4 -
OR: 2457 PGi ~6~ 0
IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of
Impact Fees on the date and year first above written.
OWNERS:
HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC.
t. '~har'}-lCs ~2. <ffmifl{'VA/ce preSi&nt
DATED: .~'~.' .~£
' ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Attest as to Chairman's
s~gnatu:.e ct, ).r'
Approved as to form and
legal sufficiency
BarbX;~ra B. [5-err;y,
~Id~'ff. Ashton
Assistant County Attorney
STATE OF Florida )
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this ~ day of
by Charles C. Smith,
known to me.
[NOTARIAL SEAL]
,1998,
Vice President of Habitat for Humanity of Collier County, Inc. He is personally
t-),~,,., .... /(.(~,. 4'xL.-~...- _.
Sigfi~tdre of Person Taking Acknc(~i~I-,~i---~(~,~,:~, :~-L~Ey~~
,'' ,, ....... !
Name of Acknowlcdgcr Typed, Print(~,,)~,~. ~.~~
j&'gm/c ./bultaM/agreeme nt
OR: 2457 ?(~: 2827
16A~_O
EXHIBIT "A"
LEGAL DESCRIPTION - BULLARD SUBDIVISION
LOT 32, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS
RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
- 6 -
,.ri;. xx ri , ,
'~ I~, ~xx'x' , ,
. :~.~.~,.¢ ,
I
' ~,.r~_.:~.~: ~ IS
~ ;--iF~ '
I
1
OR: 2457 PG: 2828 **~
16~20