Resolution 1999-189 RI!SOI.t;TION NO. 99.._18~
RF.S()I_tTI'I¢~N ~I: 'IIIE t~():\1~.I) OF (T)t~N'IY
COI.LII~R ('t)I'NTY. FI.f)RII)A. AU'I'IIORIZIN(i 5f~q. WAIVI~R
I)EI-EI~[~AL ()F I.IBRAI(Y SYS'II(M IMI'A(q' FEES. I'ARKS ANI)
Rk('REAIIONAI FAt II.IIII:S IMt'A('TFFES. R()AI)IMPA(-i'
I:NII~RGI'.N('Y MI{I)I('A]. S[~RVI('I~S INIPA("I Fl:kS. ANI)
I:Dt'CA'II¢INAI FA('II.I'I'IES SYSTEM IMPACT FEES FOR
I[OI;SE TO BE ('()NS'IRU(q'ED BY TIMOTIIY M. RINGER AND
.Mt)I.I.Y A. RIN(iER 4225 56TM AVENUE N. E.. GOI.DI.]N (LATE
ES'I ATES IN ('~)I I I ER ( 'OI ;N'I'Y. FIX)R I DA.
WIlEREAS. Collier Cotmty has recognized and attempted to address the lack oFadequale and
affordable housing tbr moderate, k~w. and very-low income housdlolds in the Counly and Ibc need for
creative and innovanvc programs to assisl m the provision oF such housing by including several
provisions in the ('oilier ('ount~ (.~ro~lh Nl;magemcnl Plan. including: objective 1.4. policy I.d.I;
objective 1.5. policy 1.5.2. policy 1.5.3, policy 1.5.4. policy 1.5,5. policy 1.5.6; ~bjccfiv¢ 1.6. policy
1.6.3; objective 2.1. policy 2.1 1. pohcy 2.1.2. policy 2.1.3. policy 2.1.5. and policy 2.1.6 of
Housing Elemcnl; ;md
WHEREAS. Collier ('ountv has received fimdh~g purstmm lo thc Slalc I lousing Initiatives
Paflnership Program set I;~qll in Section 420.907 ~.. Florida Statutes and Chapter 91-37. Florida
Administrative Code: alld
WIIEREAS. m accordance with Collier County Ordinance No. 93-10. thc Coullly
authorized to u~c thmlinz fi-om thc N~atc Ihm~ ng Initiatives Parlncrship IHt liP] Pr~ram fi)r waivers ol'
('oilier Coutltv inqpac~ lyes: and
WIIEREAS. Timmhv NI Ringer ami Molly A. Ringer are seeking a 5(~%, xvaivcr/50% defc~al
of impact fees: and
WliEREAS. ['imofi~y Xl Ringer ;~ml Molly A. Ringer will construcl a three bedroom unit
"Dwelling Unit"~ at 4225 56"' Avenue N. E.. (3olden Gate Estates in ('oilier ('ounty, Florida; and
WtlEREAS. the [)x~ elling Unit will be owned by a Iow income hot~sehold, and
WIIEREAS. 'Fm~othv NI. Ringer and Nlolly A. Ringer subn61tcd lo the office of the I lousing
and Urban Improvcmcnt Department an Aflbrdablc t lousing Applicalion dated March 4, 1999 for a
50% waiver'50% dclkrral of imrx~c[ [~'cs tbr lbo conslruclion of a house al 4225 5(,'" Avenue N. E.,
Golden Gntc Estates m Collier ('~mnty. Fh~rida. a copy of said applicalim~ is on lilt in Ihe I lousing
and Urban Improvement Dcpanmcnl: and
WIIEREAS. in accordance with Section 3.04 of the Library System Impact Fee Ordinance,
Ordinance No. 88-07. as ;mlcndcd: Sccl~on 4.05 of the Parks and Recreational Facilities hnpacl Fcc
Ordinance. Ortlillimcc No. NR-~)~...~, amclldcd: NCCtlO~] 3~14 of lbo Road Impact Fcc Ordillallcc,
Ordinance No. 92-22. as amended Scct,m 3 ¢}5 of Ibc Emergency Xlcthcal Services Syslem Impact
Fee Ordinance. Ordinance No. 91-71. ils mncndcd: alld Section 3,{15 of Ihc I{ducalio~lal Facilities
System Impact Fcc Ordinance. Ordinance No. 92-33. as amended: an applicanl may obtain a 50%
waiver/50% deferral of in~ pact fees by qualifying for a waiver/defcrral: and
WIIERE..\S. Timothy M. Ringer and Molly A. Ringer have qualified for an in]pact fcc
wa~ver/dcfemfl based upon thc l~ql.oxx lng rcprescnlations made by Timothy M. Ringer and Molly A.
Ringer:
A. The Dxvclling Unit shall be oxvncd by a first-lime home buyer.
B. Thc Dwelling Unit shall be oxxncd by a household with a Iow income level as that lem~
defined in the Appendiccs to lhe respective Impact Fee Ordinances and ll~c monthly payment to
purchase the unit must be within the afffordable housing guidelines established
Appendices Io the respective Impact Fee Ordinances.
C. The Dwelling Unh shall bc tl~e Ilomcstcad ol'tbe owner.
D. The Dwciling L'ni~ shall remain affordable for fifteen (15) years from thc date the certificate of
occupancy is issued.
NOW. TIIEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COI.I.IER COUNTY, FLORIDA, TilAT:
I. The Board of Cotmty Commissioners hereby authorizes the County Administrator to issue an
Authorization for 50 % waiver/50% dcfc~al of impact fees to Timothy M. Ringer and Molly
A. Ringer for one (I) house which shall be constructed at 4225 56'~ Avenue. N. E. Golden Gate
Estates in Collier County. Florida.
Upon receipt by the llousing and Urban Improvement Director of an agreement for 50%
waiver:50% defc~al of impact fees signed by Timolhy M. Ringer and Molly A. Ringer, or
other documcntmion acceptable to thc County Atlomcy. thc Board of County Commissioners
hereby authorizes the payment by Collier Counly of thc follo~ing in,pact fees from the
Affordable t lousing Trus~ Fund. Fund (191}. in thc folloxving amottnts fi)r the one (1} house to
be built at ~225 5(;~' Avenue N. E. in Collier County. Florida by '[m~othy M. Ringer and Molly
A. Ringer:
A. [.ihra~' Impact [:cc
B. Road lmp;~ct Fcc
C. ['arks and Recreational Facilities
Impact Fcc:
( 1 ) Regional Parks 179.o0
~2) Commtmitv Parks 399.0~
D. EMS Impact Fee 14.00
E, Educational Facilit cs gystem
Impact Fee
Total Impact Fees S 3,292.52
The payment of impact Ices hv ('oilier ('ounty is subject to the execution and recordation of
an Affordable t[ousing Agreement For payment of Collier County lmpacl l:ces between the
property ox~ ncr ami/or purchaser and Ibc ('Otlllly.
16A8
This Resoh,tion adopted after ,notion. second and majority vote fiworing same.
DATED:~'~2''/'~z//* ?~
ATTEST:
DWIGHT E. BROCK. Clerk
AtCest ~s to Ch~Ir~n's
slg~;ure
Approved as toqom~ and
legal sufficiency:
Heidi F. Ashlon
Assistant County Alb~mcv
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
,PAMELA S. MAC'KIE. CHAIRWOMAN
.5
EXHIBIT "A"
I.E(;AI. i)ESCP, I P'FION
'I'I?,IOTIIV .M. RINGER AND MOI.I,Y A. RINGER RESIDENCE
THE \VEST I$~1 FT. OF TRACT 66. UNIT 40. IN GOLDEN GATE ESTATES. ACCORDING
TO TIlE PLAT TIIEREOF. RECORDED IN PLAT BOOK 7. PAGE 26. OF TIlE PUBLIC
RECORDS OF COI.LIER COUNTY~ FLORIDA.
2~17 OA','P~
2462901 OR: 2535 PG: 1986
AGREEMENT 'FOR 50%WAIVEFU50% DEFERRAl. OF
COI.LIER COUNTY IMPACT FEES
This Agreement £or the \Fairer of Impact Fees entered ilo this/~ day of
~. 1999 bv and between the Board of County Commissioners of Collier
County, Florida. hereinahcr referred to as "COUNTY" and Timolhy M. Ringer and Molly A.
Ringer. hereinafter referred to as "O\VNER."
WITN ES S ET [t:
\VHEREAS. ('oilier County Ordinance No. 88-97. as amended, the Collier County
Library System hnpact Fcc Ordillmlce: Collier Cmmtv Ordinance No, S8-96. as amended, lhe
Collier County Parks and Recreational F~cilities Impact Fcc Ordinance; Collier County
Ordinance No. 91-71. as amended, the Collier County Emergency Medical Sen'ices System
Impact Fee Ordinance: Collier Coumy Ordinance No. 92-22. as amended, the Collier County
Road Impact Fcc Ordinance: ('oilier County Ordinance No. 92-33. as amended, lhe Collier
County Educational Facilities System Impact Fcc Ordinance; as they may be further amended
from time to time here/nailer collectively rcfc~ed to as "In]pact Fee Ordinance", provide for
waivers of impact tbes lbr new owner-occupied dwelling units qualifying as affordable housing;
and
\VIIEREAS. OWNER has applied for a 50% waiver/50% dcfc,'ral of impact fees as
required bv the Impact Fee Ordin:mce. ;t copy of said application ~s o,~ tile in the office of
Hou sing and Urban [m provcmcv, t Dcpa~mcnt: and
WHEREAS. thc County Administrator or his designee Ils reviewed thc OWNER's
application and has found that it complies with thc requJrcmcnls tbr an affordable housing 50%
waivcff50% dcfcma[ of impact fees as established in the Impact Fcc Ordinance; and
W[IEREAS. thc impact l~c waivcr/defe~al shall bc presented m licu of payment of thc
rcquisitc 'n]pacl t~cs su[~icct Io satisfimtion of all crilcria in thc ]mpacl Fcc Ordinance qualifying
the project as cligfi)le lbr an hnpac~ lke waivcffdefc~al and
OR: 2535 PG: 1987
WHEREAS, the COUNTY approved a waivcr'def:,.,rnfl of impact fees for OWNER
embodied in Resolution No. 99-_.~_~ at its regular meeting of~ 1999; and
WHEREAS. tile Impact Fcc Ordinance requires that the OWNER enter into an
Agreement with Ibc COUNTY.
NOW. TIIEREFORE~ in consideration of thc foregoing recitals, thc parties covenant and
agree as follows:
RECI'FALS INCOR['ORATED. Tile foregoing recitals arc true and correct and shall
be incorporated by reference hereto.
[,EGAk DESCRIPTION. Thc legal description of thc tlv,'clling unil (life "I)wclli,g
Unit") and site plan is attached hercto as Exifibit "A" and incorporated by reference
herein.
o
TERM. OWNER agrees that the Dwelling Unit shall rcm:fin as affortkfl}le housing
and shall be offered for sale in accordance with the standards set forth in tile
appendices to the Impact Fee Ordinance for a period of fifteen {15) years
commencing from thc date lhe certificate of occupa,cy is issued for thc Dwelli.g
Umt.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and v,'arra,ts tile
fol Iowim2'
Owner maintains a housc]lold with a lox,.' income as defined in [he
appendices to the Impact Fcc Ordinance and thc monthly payments to
purchase the Dwelling U,it 111tlSt be within thc affimlablc housing
guidelines established in thc appendices to thc Impact Fcc Ordinance;
Owner is a first-lime home buyer:
Thc Dwclli,g U,iI shall be the homestead ofowncr:
2
OR, 2 G,,19 8
d. Tl~c I)wclling Unit shall remain as afl'ordablc housing for fiflccn (15) ycars
from Ihe date tile certificate ofoccupancy is issued for the Dwelling Unit:
e. OXVNER is the owner of record of the Dwelling Unit and owes impact
I~cs in thc total amounl of 53.929.52 pursuant to Iht Impact Fee
Ordinance. In return for thc 50%waivcffSO% dcfc~al of the impact Fees
owed by OWNER. OWNER covenants and agrees to comply with Ihe
affordable housing impact fee waiver qualification criteria detailed in the
Impact FceOrdinance.
5. SUBSEQUENT TRANSFER. If OXVNER sells thc Dxvclling Unit subject to the
impact Fee waivcr/dcFc~al to a subsequent purchaser or rcnlcr, the Dwelling Unit
shall be sold only to hot~seholds meeting thc criteria scl lbrth i~ lhe Impact Fee
Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be ufili/cd For aflbrdable
hous~g for a fif~cc~ (15) yc:~r period after Ibc datc thc ccrtificme of occupancy is
issued: ami if ll~c DwcIli~g Unh ceases to be utilized Ibr that purpose during such
period, the impact Fccs shall be immediately rcp~id to tl~c COUNTY. except For
waived impact Fees if thc dwelling unit has been used For af~onlable housing for a
continuous period of fifteen years after the date the certificate of occupancy is issued.
7. LIEN. Thc wa[vcd/dcCc~cd impact Fees shall be a lien upon lhc propc~y which lien
may be Foreclosed ttpo~ in thc event of non-compliance w/Ih the reqt~/rcments of this
Agreement.
8. RELEASE OI:' LIEN. Upo~ satisfactory completion of thc Agreement requircmcnls
and fifteen ~5~ yes, rs after thc date of issuance of the certificate of occupancy, or
upon paymc~t of thc xx'aivcd impact Fees, m~d upon paymc~l of thc deferred impact
fees. file COUNTY shall, at tile expense of the COUNTY, record any necessary
documentation evidencing the temfination of thc lien, includh~g, but not limited to, a
re]ease of lien.
9. BINDING EFFECT. This Agreement shall he hinding upon lhe parties Io lhis
Agreement al~d Ihcir respective heirs, personal rcpresentalivcs, successors and
assigns. In lhe case of sale or transfer by gift of tl~c Dwelling Unit, thc original
OWNER shall rcm;mt liable lbr the impact lbcs waivcd'dcfbrrcd until said impact fees
are paid in full or until tile comlilions set fo~h in II~e Impact Fee Ordinance are
satisl]ed. In additim], this Agreemenl shall run ~vJtll the land and SJlaJl remaJrl a lien
against [he Dwelling Unit until the provisions oFSeclion g are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at lhe expense or
OWNER in the Official Records of Collier C'ounb.. Florida, within sixty (60) days
afier execution of this Agreement by the Chairman of thc Board of Courtly
Commisskmers.
I I. DEFAULT. O\VNER shall be in default of this Agreement (l) where OWNER £ails
to sell thc Dwelling Unit in accordance whh tl~e affordable housing standards and
qttalilicati¢m criteria established in thc lmpacl Fcc Ordinance and Ihcrcafler Fails 1o
pay thc impact tkes within 30 days ofsaid non-compliance, or (2} el]ere O~VNER
violates one et'the affordable housing qualification criteria in tho Impact Fee
Ordinance lbr a period of thirty (30) days after notice of thc x'iolali(m.
12. REXIEDIES. Should the OWNER of the property fail t~, comply with the said
qualilicatior~ criteria at any time during thc liflcen (151 year period or should
OWNER vmlatc any provisions of Ihis Agreement. thc impact fees waived/dcfe~ed
shall he paid in lill[ by OWNER within 3fi days of said non-compliance. OWNER
agrees that ll~e m~pact l~es ~vaived/deferred shall constitute tt lien on lite Dwelling
Unit comntencing on the elTective date of this Agreement and continuing until repaid.
4
OR: 2535 PG: 1990
Such lien shall be superior and paramount Io the inlcrcs! in thc Dwclling Unit of any
owner, lessee, tenant, mot2gaucc] or mhcr person cxccpl Iht lien lbr County taxes and
shall bc on pant) with thc lien ofanv such County mxcs. Nhouldil~c()WNERbcin
default of tiffs Agreement, and thc dchmlt is not cured wiflfin thirty (30) days after
written notice to OWNER, thc Board may bring civil action to cnlBrcc this
Agreement. In addition, thc lien may be l~rccloscd or othcm'isc cntbrccd by the
COUNTY by action or suit in equity as for the foreclosure of a moagagc on real
property. This remedy is cumulative with any other right or remedy available to the
COUNTY. Thc Board shall be entitled lo recover all attorney's fees, incumcd by thc
Board in enforcing this Agreement, plus interest at thc statutory rate fi)r judgments
calculated o~ n calendar day basis until paid,
IN WITNESS WtlEREOF, thc panics have executed this Agreement for
WaR'cr/Defexal of Impact Fees on thc date and year first above written.
OWNER:
Timothy NI. Ringer 2/
STATE OF -,,L"-6'.,,-..z, /3 ,.;' .)
COUNTYOF _['"',3, Z l /c',,r _ __)
The foregoing inslrumcnt v,'as acknowledged bctbre me this .2_t~, day of
.//,],~t-~,/,~ . 1999. by Timothy M. Ringer. t-lc is personally known to me or
produced ~ 5-2~j~-~. -(type of identification) as identification. q~ ~ -o
[NOTARIAL SEAL]
Witnesses:
OR:
OWNER:
Molly A. Rt~ger ~
1991
STATE OF __~z ~/-, D. · )
COUNTY OF ~'~d_/_¢' ~ )
The foregoing instrument was acknowledged hcfore mc this .,~ day of
~_~[~ . 1999. by Molly A. Ringer. She is personally known to mc or produced
~~~~2(t}'pc of idcntilication) as identification.
SEAL]
DATEI~k~/$; / fl
ATTEST:
DWIGHT E. BROCK; Clerk
'.Attesffas to Chafra~n's
signature
Approved as to form and
legal su fliciency
H¢idi F. Ashton
Assistant County Altorncy
id/c/agreements/ringer
BOARD OF COUNTY COMISSIONERS
COLLIER COUNTY. FI.ORIDA
/
OR'
2535 ,G, !992
EXIIlBIT
I,I':(;A L DISCRIPTION
TISIO'I'IIY hi. RINGER AND 5IOI.LY ,%. RINGER RESIDENCE
TI{E \VEST 150 FT. OF TRACT 66. UNIT 40. IN GOLDF, N GATE ESTATES
ACCORDING TO TI{E PLAT TIIEREOF. OF RECORD IN PI.AT BOOK 7.
P..\GE 2fi, OF 'Fl [E PUBLIC RECORDS OF COLLIF, R. COUNTY.
FLORIDA.
V~
t085 ~_~. PT.
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