Resolution 1997-322RESOLUTION NO. 97- 322
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA. AUTHORIZING WAIVER OF REGIONAL WATER
SYSTEM IMPACT FEES. REGIONAL SEWER SYSTEM IMPACT FEES.
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 IMMOKALEE
IIABITAT FOR HUMANITY, INC.. ON LOT 18, BLOCK 12, NAPLES MANOR
LAKES, NAPLES, FLORIDA.
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
progra:.'~s 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 2.1.1, policy 2.1.2. policy 2.1.3. policy
2.1.5, and policy 2.1.6 of thc Housing Element: and
WIIEREAS, Collier County has received funding pursuant to thc State tlousing Initiatives Partnership
Program set forth in Section 420.907 ct, seq., Florida Statutes and Chapter 91-37, Florida Administrative Code: and
WIIEREAS. in accordance with Collier County Ordinance No. 93-19, the County is authorized to use
funding from the State tlousing Initiatives Partnership [SlIIP] Program for waivers of Collier County impact fees;
and
WItEREAS, Immokalec ttabitat for Humanity, Inc. is seeking a waiver of impact fees: and
WIIEREAS. Immokalee Habitat for Humanity, Inc. will construct one {1} three-bedroom unit (the
'Dwclling Unit") on Lot 18, Block 12. Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five
Ilundred Dollars ($46.500.00}: and
WHEREAS, the Dwelling Unit wilt 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
WIIEREAS, Mr. Charles C. Smith, Vice President of Immokalee Habitat for Humanity. Inc.. submitted to
the Office of Ilousing and Urban Improvement an Affordable IIousing Application dated July I0, 1997 for a waiver
of impact fees for the construction of a house on Lot 18, Block 12, Naples Manor Lakes. a copy of said application
is on file in the ltousing and Urban Improvement Department: and
WHEREAS. in accordance with Section 3.04 of the Rcgional Water System Impact Fee Ordinance.
Ordinance No. 90-86. as amended; Section 3.04 of the Regional Sewer System Impact Fee Ordinance. Ordinance
No. 90-87. as amended: Section 3.04 of thc 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 Ordinance, Ordinance No. 92-33, as amendcd: an applicant may obtain
a waiver of impact fees by qualifying for a waiver: and
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WItEREAS, Immokalee Habitat for Itumanity, Inc. has qualified for an impact fee waiver based upon the
following representations made by lmmokalee tlabitat for ttumanity, Inc.:
A. The Dwelling Unit shall be sold lo 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 lo 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 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. The Board of County Commissioners hereby authorizes the County Manager to issue an
Authorization for waiver of impact fees Io Immokalee ttabitat for Ilumanity. Inc. for one ( I } house
which shall be constructed on Lot 18, Block 12, Naples Manor Lakes, Collier County. Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of
impact fees signed by Immokalee ltabital for Humanity, Inc., and/or Ihe 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 (I} house to be built on Lot 18, Block
12, Naples Manor Lakes by lmmokalee ttabitat for Humanity, 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 1,778.00
F. Water Impact Fee 900.00
G. Sewer Impact Fee
TOTAL IM'PACT FEES $6,169.52
3. The payment 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.
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This Resolution adopted after motion, s~cond and majority vote favoring same.
DATED:
ATYEST:
DWIGHT E~.,~ R:QC, Kl Clerk
Apprt~ed as to form apd-,
H~idi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Tir~oth)) L/4~/rff~o~k. Chairman-
c/naples manor lakesdreso
EXHI BIT
LEGAL DESCRIPTION
LOT 18 OF BLOCK 12, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
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AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into thi.s)fe_ day o~r~aT' 1997, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and lmmokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County
Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as
amended, the Collier County Regional Sewer System Impact Fee Ordinance; 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, 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 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 Impal~
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and.'"
WHEREAS. the County Manager 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
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WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 97-~ at its regular meeting of ~a~~___, 1997; 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") 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.
REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
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 Ihe Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer:
The Dwelling Unit shall be the homestead ofowner;
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
OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $6,169.52 pursuant 1o the Impact Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER,
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OWNER covenants and agrees Io comply with the affordable housing
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. IfOWNER 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 the Dwelling Unit ceases to be utilized for that purpose during such period, the
i,npact 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 Agrcement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after lhe 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 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.
I0. 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 (I) where OWNER
fails to sell the Dwelling Unit in accordance with the affordable housing standards and
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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 (15) days after notice ofthe violation.
12. REMEDIES. Should the OWNER of the property fail 1o 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
thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on thc 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 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, 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.
IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses:
Print Name~,~'
OWNERS:
IMMOKALEE HABITAT FOR
HUMANITY, INC.
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'i)ATED:
ATTEST:
~,I., ~rH~, ~E.,~ BROCK,,, Clerk
.?.... ~ '/ -~
legit su~c~ency
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:~-
Timothy Lj)~an6ock, Ch'airman
STATE OF Florida__.)
COUNTY OF
was acknowledged before me this //~ day of~, 1997,
The
foregoing
instrument
by Charles C. Smith, Vice President oflmmokalee Habitat for Humanity, Inc. HMs pers6nally known
to mc.
[NOTAR/AL SEAL] ~gment
Name of Acknowledger Typed, Printegor Stamped
jcl/gm/c/naples manor lakes/agree
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EXHIBIT "A'
LEGAL DESCRIPTION
LOT 18 OF BLOCK 12, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
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