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Resolution 1999-346 16A22 RESOLUTION NO. 99- 'ld6 RESOLUTION OF 'mE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, I.IBRARY 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 ALIEDO DORVILUS AND VElINA DORVlLUS AT 5031 17TIl PLACE S. W., GOLDEN GATE CITY, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has reeognized and attempted 10 address lhe lack of adequate and a!Tordable housing for moderatc, low, and very-low income households in lhe County and the need for crealive and innovative programs to ",sist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective lA, policy 104.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.504, 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 the Statc Housing Initiatives Partnership Program set fonh in Section 420.907 ~., 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 Pannership [SHIP] Program for waivcrs of Collier County impact fees; and WHEREAS, Aliedo Dorvilus and Velina Dorvilus are seeking a waiver of impact fecs; and WHEREAS, Aliedo Dorvilus and Velina Dorvilus will construct a three (3) bedroom unit (the "Dwelling Unit") at 5031 17th Place S. W. in Golden Gate City, Collier County, Florida; which is proposed to sell for Ninety-One Thousand Two Hundred Fifty Dollars ($91,250.00), and WHEREAS, the Dwelling Unit will bc owned by a very low income household, and WHEREAS, Aliedo Dorvilus and Velina Dorvilus submitted to the officc of the Housing and Urban Improvement Department an Affordable Housing Application dated July 2, 1999 fo~ a waiver of impact fees for the construction of a house at 5031 17th Place S. W., Golden Gate City, Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvemcnt Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Rccrcational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee 16A22 Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fecs by qualifying for a waiver; and WHEREAS, Aliedo Dorvilus and Velina Dorvilus have qualificd for an impact fcc waiver based upon the following representations made by Aliedo Dorvilus and Velina Dorvilus: A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unil shall be owned by a household with a very low income levcl as that term is defined in the Appcndices to the respective Impact Fee Ordinances and the monthly payment 10 purchase the unit must bc within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fiflccn (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 Aliedo Dorvilus and Velina Dorvilus for one (1) house which shall be constructed at 5031 17th Place S. W., Golden Gate City, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver signed by Aliedo Dorvilus and Velina Dorvilus, or other documentation acceptable to the County Al1omcy, the Board of County Commissioncrs hereby authorizes the payment by Collier Counly of the following impact fecs from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (I) house to be built at 5031 17th Place S. W., Golden Gate City, Collier County, Florida by Aliedo Dorvilus and Velina Dorvilus: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impacl Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Correctional Facililies Impact Fee 117.98 Total I mpact Fees S 4,290,34 16 ~." 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. 4. Based upon sufficient evidence provided by Owner, Owner has demonstrated that a subordination of the County's rights, interests and lien to the first mortgage loan to Owner is necessary to obtain financing to purchase the Dwelling Unit. This Resolution adopted after motion, second and majority vote favoring same. DATED: *~ A TIEST: pWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA if.?... > ~2k~ '/ . Approved as to fornl and legal sufficiency: Hei iF. Ashton Assistant County Attorney jdlclimpfcesldorvilus EXHIBIT "A" LEGAL DESCRIPTION ALIEDO DORVILUS AND VELINA DORVILUS RESIDENCE LOT 22, BLOCK 144, UNIT 4, GOLDEN GATE CITY, AS RECORDED IN PLAT BOOK 5, PAGE II 5, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 16A22 . ~ ..." lI'eth'lf: "'3/0'; 12':5&1""; 14,"U.U5 n HUli ,:it eB/1J/l'J'P.! 13:81 ')414559815 I I I i I i i I ~. .1 ...' if g! "'I I.t" ! I ! I i i 1 i i i ! 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JCB'I~ A .~WlllliCD.lJXATQiI DRAlNrlo.o ~ce . DeIGN INC. "'I:>>NDICll,.U!YMP. 1W'I.Ct....14104 cmcz,"'IJ~4 - AU. AMfRICAH IlOMC5 IHe, LOr a.. II.DCa ,..... GClMGAJ'!LMr.. l!td: . 2533089 OR: 2593 PG: 0700 DC fII 11,50 eLl11 TO TEl BOARD RleORDID In the OFFICIAL lleOIDS of COLLIll eOUITT, FL COF~S~ 210,00 InllOllICI ITB FLOOR 01/lI/1l11 at 01:5IPK DIIGBT I. BlOCI, CLlD 16 2 lIT mo AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMP ACT FEES This Agreement for the Waiver of Impact Fees entered into this ../1. day of I A~.i:r .' 1999 by and between the Board of County Commissioners of Collier , County, Florida, hereinafter referred to as "COUNTY" and Aliedo Dorvilus and Velina Dorvilus, hereinafter referred to as "OWNER." WIT N E SSE T H: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, 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 the 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 referrcd to as "Impact Fee Ordinance", provide for waivers 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 lhe office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 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 satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver and ...- ---_.-------. ----- --.-.......------..-..- OR: 2593 PG: 0701 16A22 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99~J./t at its regular meeting of4-z. /f/ ' 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: I. 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 fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a 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-time home buyer; c. The Dwelling Unit shall be the homestead of owner; 2 OR: 2593 PG: 0702 16A22 d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,290,34 pursuant to tbc Impact Fcc Ordinance. In return for the 100% waiver of the impact fccs owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailcd in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject 10 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 utilizcd for affordahle 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 lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of lhis Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement shall be made junior, inferior and subordinate to the first mortgage loan to OWNER. 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: 0703 16A22 fees, the COUNTY shall, at the expense of the COUNTY, rccord allY necessary documentation evidencing the tennination of the lien, including, but not limited to, a relcase 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, thc 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 Ordinancc are satisfied. In addition, this Agreement shall run with the land and shall rcmain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at thc expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chainnan of the Board of County Commissioners. II. 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 of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of Ihe 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 ofthis Agreement and continuing until repaid. 4 OR: 259f 6: ~~42 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 the default is not cured within thiny (30) days after written notice to OWNER, the Board may bring civil action to enforce this A.greemcnl. 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 mongage on real propeny. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the panies have executed this Agreemcnt for Waiver/Deferral of Impact Fees on the date and year first above written. Witnesses: OWNER: ~~~~~~l~~~ Affi~Lr[po :POIf I/; t-U J) 70..-.-.. ~ Print Name ~~ ~~~""" STATEOF ~\t\. ) COUNTY OF C'n \. \.\ ... ~ ) The foregoing instrument was acknowledged before me this II day of O. J '6'~ , 1999, by Aliedo Dorvilus. He is ~,..nn.l1y I<-nnwn to me or produced (type of identification) as identification. [NOTARIAL SEAL] r~~o.. A ~. Signature of Person Taking Ackn ledgment ~ ~ -- 0 Engle cx;7I7IDO ~*Iotr~ ir..I~__I._ '1';.... 5 OR: 2593 PG: 0705 16A22 Witnesses: OWNER: ~i~~~~ ~~0~/f~1J/1AJ 3=~~~~~ STATEOF '"\-...Q...c... 1 COUNIY OF ('...OO\".v"\, ) The foregoing instrument was acknowledged before me this 'd:!::L day of 0 I. '"~ ' 1999, by Velina Dorvilus. She is personally known to me or produced (type of identification) as identification. (NOTARIAL SEAL] ,,;:--. _Of191 *jj *lIr c...,.,' . '....,OnUCI 'l:.:.t e.pno A...U, 2llIIZ DATED: ~1 . A'I"I'Est: _ / , DWIGHT E:1~ROCK, Clerk . :,~~_ -~'-.<;,tj,VJ~ .~, . AttJfi'as to.~tMIII" . .'i stgnature 01111. "I ,.-'.,... Approved as to fonn and legal sufficiency eidi F. Ashton Assistant County Attorney jdlclimpfeeldorvilus ~~~oO<..~ ~L Signature of Person Taking Acknow edgmenl BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA By' P 6 OR: 2593 PG: 0706 16A22 EXHIBIT 'A' LEGAL DlSCRlPTION ALlEDO DORVILUS AND VELlNA DORVILUS LOT 22, BLOCK 144, UJ\lT 4, GOLDEN GATE CITY, AS RECORDED IN PLAT BOOK 5, PAGE 115, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7 e8/)J/1~ 13:81 I i i i i i i , I ~' ,1 01), ~l 51 "'I u-" ! I , I I i i I . 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