Resolution 1999-345
16 A21
RESOLUTION NO. 99-~
RESOl UTION OF THE BOARD OF COUNTY COMMISSIONERS. COLLIER
COUNTY. FLORIDA. AUTHORIZING WAIVER OF CORRECTIONAL
FACILITIES IMPACT FEES. LIBRARY SYSTEM IMPACT FEES. PARKS AND
RECREATIONAL FACILITIES IMPACT FEES. ROAD IMI'ACT FEES.
EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL
FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE
CONSTRUCTED BY ANDREE R. VOLCIMUS AT 1090 LAKE TRAFFORD
ROAD. IMMOKALEE. COLLIER COUNTY, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adcquate and
affordable housing for moderate, low, and very-low income households in the County and the need
for creative and innovative programs to assisl in the provision of such housing hy including several
provisions in the Collier Counly 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 Counly has received funding pursuant to the State Housing Initiatives
Partnership Program set forth in Seclion 420.907~.. Florida Stalutes and Chaplcr 91-37. Florida
Administrative Code; and
WHEREAS, in accordance with Collier County Ondinance No. 93-19, thc County is
authorized to use funding from the Slate Housing Initiatives Partnership [SHIP] Program for waivers
of Collier County impact fees; and
WHEREAS, Andree R. Volcimus is seeking a waiver of impact fees; and
WHEREAS, Andree R. Volcimus will construct a three (3) bedroom unit (thc "Dwelling
Unil") at 1090 Lake Trafford Road in Immokalee, Collier County, Florida; which is proposed to sell
for Fifty Seven Thousand Dollars (557,000.00), and
WHEREAS, the Dwelling Unit will be owned by a very low income household, and
WHEREAS, Andree R. Volcimus submitted to the omce of the Housing and Urban
Improvement Department an Affordable Housing Application dated April 20, 1999 for a waiver of
impact fees for the construction of a house at 1090 Lake Traffond Road, Immokalee. Collier County,
Florida, a copy of said application is on file in lhe Housing and Urban Improvement Department; and
WHEREAS, in accordance wilh Section 3.04 of the Correclional Facilities Impact Fee
Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance,
Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impacl Fee
Ondinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No.
92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance.
Ondinanee No. 91.71, as amended; and Section 3.05 of the Educational Facilities System Impact Fec
Ondinanee, Ordinance No. 92-33, as amended; an applicant may oblain a waiver of impact fees by
qualifying for a waiver; and
16 A21
WHEREAS, Andree R. Volcimus has qualified for an impact fee waiver based upon the
following nepresentations made by Andree R. Volcimus:
A. The Dwelling Unit shall be owned by a first.time home buyer.
B. The Dwelling Unit shall be owned by a household wilh a very low income level as
lhat term is defined in the Appendices to the respective Impact Fcc Ordinances and the
monthly payment to purchase the unit must be within the affordable housing
guidelines established in thc Appendices to the respective Impact Fcc Ordinances.
C. The Dwelling Unit shall be the Homeslcad oflhe owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from lhe dale thc
certificate of occupancy is issued.
NOW, THEREFORE, DE IT RESOLVED BY THE BOARD O~- COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TIfA T:
I. The Board of County Commissioners hereby authorizes the County Administrator 10
issue an Authorizalion for waiver of impact fees to Andree R. Volcimus for one (I)
house which shall be constructed at 1090 Lake Trafford Road. Immookalee, Collier
County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agocement for
waiver signed by Andree R. Volcimus, or other documentation acceptable to the
County Attorney, the Board of County Commissioners hereby authorizes the paymenl
by Collier County of the following impact fees from the Affordablc Housing Trust
Fund, Fund (191), in lhe following amounts for the onc (I) house to be built al 1090
Lake Trafford Road, Immokalee, Collier County, Florida by Andree R. Volcimus:
A. Library Impact Fee S 180.52
B. Road Impact Fee \ ,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee 1,778.00
F. Correctional Facilities Impace Fee 117.98
Totallmpad Fees S 4,290,34
3. The payment of impact fees by Collier County is subject to the execution and
recordation of an Affordable Housing Agreement for payment of Collier County
Impact Fees between the property owner and/or purchaser and the County.
16 A21
4. Based upon sumcient evidence provided by Owner. Owner has demonstrated lhat a
subordination of the County's rights. interests and lien to that certain mOl1gage loan
from U.S.D.A. Rural Housing Service to Owner in lhe amount of 571.000.00 is
necessary 10 obtain financing to purchase the Dwelling Unit.
This Resolution adopted after motion. second and majority vote favoring same.
DATED: fjo/
ATTEST:. .,
DWIGHT E. BROCK, Clerk
4.1(:- ~ gJ.t-
,/
~t t.$ to Chafr1llll'S
SlgIlature on)!...
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Approved as to form and
legal sumciency:
MiA d, ) AIVLI\
Heidi F. Ashton
Assistant County Attorney
,
jdlclimpfttSf'lolcimus
16 A21
EXHIBIT "An
LEGAL DESCRIPTION
ANDREE R. VOLCIMUS RESIDENCE
LOT 10, BLOCK 4, NEW MARKET SUBDIVISION, AS RECORDED
IN PLAT BOOK 8, PAGE 4, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
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FROM USDA sue eTR'FT MYERS
PAGE.BBI
JUL 19 '99 9: te
USDA
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)4)4 IWlCOC1. IlIlIDGE PAltJ:llAT. surl'E 209-A
IIOIlTlI 10ft KnIll. n.ollIOA 33903-7705
TEL: 941-997-7331 lAX: 941-997-7557
July 19. 1999
Collier County Houling and Urban Improvement
3301 T&mi..i Trail East
N.pl.'t FL 34103
Dlar Joanne::
In rcfcr~uc. to the Impact Waiv.r for Andree VOIC~8 the following
le.tement 1. liven:
In order to live the borrower. a IOrea_al loan, we will require that
the Collier COunty subordinate their loan .a aecond to Rural Development'.
first liee position.
Sinceraly,
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IlONIIIB M. AlIllllIe
C~n1ty Develo~nt Kanaaer
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2533092 OR: 2593 PG: 0713
lJCOlDlD lu the O"ICIAL lJCOIDS of COLLIII COOJTY, 'L
01/11/1111 It DI:ll'. DWIGHT I, Blocr, CLllr
IIC 111 ll,lO
f'b A 2:1
AGREEMENT FOR I 00% WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this ~ day of
JIM 7 ' 1999 by and between the Board of County Commissioncrs of Collier
./ I
County, Florida, hereinafter referred to as "COUNTY" and Andrce R. Voleimus, hereinafter
referred to as "OWNER."
WIT N E SSE T H:
WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fce;
Collier County Ordinance No. 88-97, as amended, thc Collier County Library System Impact Fcc
Ordinance; Collier County Ordinance No. 99.39, the Collier Couttty Parks and Recrcalional
Facilities Impact Fee Ordinance; Collicr County Ordinance No. 91-71, as amcnded, 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 the Collier Counly
Ordinance No. 92-33, as amended, the Collier County Educational Facilities Systcm Impact Fce
Ordinance; as they may be further amended from time to time hereinafter collectively referred to
as "Impact Fee Ordinance", provide for wlivers of impact fees for new owner-occupied dwelling
units qualifying as affordable housing; and
WHEREAS, OWNER has applied for a 100% waiver of impact fees as required by the
Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban
Improvement Department; and
WHEREAS, the County Administrator or his designee has rcviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing 100%
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 satisfaclion of all criteria in the Impact Fee Ordinance qualifying thc
project as eligible for an impact fee waiver and
OR: 2593 PG: 0714
16 A21
WHEREAS. the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99-~ IJJ' at its regular meeting of~'" r.. /4 . 1999; and
- .
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference
herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the
appendices to the Impact Fee Ordinance for a period of fi fleen (15) years
commencing from the date the certificate of occupancy is issued for thc Dwelling
Unit.
4. REPRESENT A TrONS AND WARRANTIES. OWNER represents and warrants the
following:
a. Owner maintains a household with a very low income as defined in the
appendices to the Impact Fee Ordinance and the monthly payments to
purchase the Dwelling Unit must be within the affordable housing
guidelines established in the appendices to the Impact Fee Ordinance;
b. Owner is a first-lime home buyer;
c. The Dwelling Unit shall be the homestead of owner;
2
-~ ...
OR: 2593 PG: 0715
16A21
d. The Dwelling Unit shall remain as affordable housing for fifteen (IS) years
from the date the certificate of occupancy is issued for the Dwelling Unit;
and
e. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $4,290,34 pursuant to the Impact Fee
Ordinance. In return for the 100% 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 or renter, the Dwelling Unit shall be sold
only to households meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable
housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such
period, the impact fees shall be immediately repaid to the COUNTY, except for
waived impact fees if the dwelling unit has been used for affordable housing for a
continuous period of fifteen years after the date the certificate of occupancy is issued.
7. LIEN. The waived impact fees shall be a Iicn upon the property which lien may be
foreclosed upon in the event of non-compliance with the requirements of this
Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights,
interests and lien arising under this Agreement shall be made junior, inferior and
subordinate to that certain mortgage loan from USDA Rural Housing Service to
OWNER in the amount of$71,OOO.00.
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, and upon payment of the deferred impact
3
'.
OR: 2593 PG: 0716
16 A21
fees, the COUNTY shall, at the expense of the COUNTY, record any necessary
documentation evidencing the tennination 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 unti I said impact fees are paid
in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In
addition, this Agreement shall run with the land and shall remain a lien against the
Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, wilhin sixty (60) days
after execution of this Agreement by the Chainnan of the Board of County
Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails
to sell the Dwelling Unit in accordance with the affordable housing standards and
qualification criteria established in the Impact Fee Ordinance and thereafter fails to
pay the impact fees within 30 days of said non-compliance, or (2) where OWNER
violates one ofthe affordable housing qualification criteria in the Impact Fee
Ordinance for a period of thirty (30) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should
OWNER violate any provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that
the impact fees waived shall constitute a lien on the Dwelling Unit commencing on
the effective date of this Agreement and continuing until repaid.
4
OR: 2593 PG: 0717
16 A21
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 Agrcement, and the default is not cured within thirty (30) days after written
notice to OWNER, the Board may bring civil action to enforce this Agreement. In
addition, the lien may be foreclosed or othclWise enforced by the COUNTY by action or
suit in equity as for the foreclosure of a mortgage on real property. This remcdy is
cumulative with any other right or remedy available to the COUNTY. The Board shall
be entitled to recover all attorney's fees, incurred by the Board in enforcing this
Agreement, plus interest at the statutory rate for judgments calculated on a calendar day
basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for
WaiverlDeferral of Impact Fees on the d:lte and year first above written.
Witnesses:
OWNER:
1-./Yl-,)Y7/2f P-rV o.f~
Andree R. Volcimus
J
STATE OF ~~; :S-a..
COUNTY OF' e..
)
)
The foregoing instrument was acknowledged before me thi~4k~~~? of ~II ..,L,
1999, by Andree R. Volcimus. She is personally known to me or 0 uce rll""." ,..,.. (type
of identification) as identification.
[NOTARIAL SEAL]
Si
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f)))~?~?~~))))))>))))')))))))))))))))))))')))m)))l'
, M".'~" Jean B. Volcy 0:
~ {j.~'A"'i'! Notify Public, StalcofFlorida :.
\S.~l Comlnission No. CC 56S201 :
~ '>;.!'::...... My Commission Exp. 111312060 : .
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DATED:1f k ~
A TIEST:
DWIGHT E.. BROCK, Clerk
'J'
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. tte' ~s to ch.inllft',
;:Jtgn ture 01111_ :::
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Approved as to fonn and
legal sUfficiency
11 d J ~~
Heidi ~A:nton
Assistant County Attorney
jdlc:limpfeelvolcimus
OR: 2593 PG: 0718
16A21
BOARD OF COUNTY COMISSlONERS
COLLIE OUNTY, FLORIDA
By:
PAMELA S. MAC'KIE, C
6
.
OR: 2593 PG: 0719
16A21
EXHIBIT' A'
LEGAL DlSCRlPTlON
ANDREE R. VOLCIMUS
LOT 10. BLOCK 4, NEW MARKET SUBDIVISION, AS RECORDED
IN PLAT BOOK 8, PAGE 4, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
7
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