Resolution 1997-324
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RESOLUTION NO. 97-~
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY. FLORIDA. AUTI!ORJZTNG 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
SER VICES IMP ACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKALEE
HABITAT FOR HUMANITY. INC.. ON LOT 20, BLOCK 12. NAPLES MANOR
LAKES. NAPLES, FLORJDA.
WHEREAS, Col1ier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, low, and very-low incomc 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 2.1. J, 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 sct forth in Section 420.907 t1....X.Q.. 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, Immokalee Habitat for Humanity, Inc. is seeking a waiver of impact fees; and
WHEREAS. Immokalee Habitat for Humanity. Inc. will construct one (I) three-bedroom unit (the
"Dwelling Unit") on Lot 20. Block 12, Naples Manor Lakes 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 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 Immokalee Habitat for Humanity. Inc., submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated July 10, 1997 for a waiver
of impact fees for the construction ofa house on Lot 20. Block 12. Naples Manor Lakes. a copy of said application
is on file in th.: Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Regional 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 the Library System Impact Fee Ordinance. Ordinance No. 88-97. as
amended; Section 4.05 of the Parks and Rf'creational 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. 91-7 J, as amended; and Section 3.05 of
the Educational Facilities System Impact Fee Ordinance. Ordinance No. 92-33, as amended; an applicant may obtain
a waiver of impact fees by qualifying for a waiver; and
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WHEREAS, Immokalee Habitat for Humanity, Inc. has qualified for an impact fee waiver based upon the
following representations made by Immokalee Habitat for Humanity, 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 low income level as that term is defined
in the Appendices to the respective Impact Fce Ordinances and the monthly paymcnt 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 Homestead of the owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
occupancy is issued.
NOW TIIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners hereby authorizes the County Manager to issue an
Authorization for waiver of impact fees to Immokalee Habitat for Humanity, Inc. for one (I) house
which shall be constructed on Lot 20, Block 12. Naples Manor Lakes, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agrcement for waiver of
impact fees signed by Immokalee Habitat for Humanity, 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 (19]), in the following amounts for the one (I) house to be built on Lot 20, Block
12, Naples Manor Lakes by Immokalee Habitat for Humanity, Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
(I) Community Parks
(2) Regional Parks
D.
E.
399.00
179.00
14.00
EMS Impact Fee
Educational Facilities System
Impact Fee
Water Impact Fee
Sewer Impact Fee
TOTAL IMPACT FEES
1,778.00
900.00
$134000
$6,)69.52
F.
G.
3. The payment of impact fees by CoJlier County is subject to the execution and recordation of an
agreement for waiver of CoJlier County Impact Fees between the property owner and/or
purchaser and the County.
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This Resolution adopted after motion, second and majority vote favoring same.
DATED:
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ApproVeå¡1S t~ {~'d
legal sufficien~y: .
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I- (, C~ /J 'II,! ¿ I
Heidi F. Ashton
Assistant County Attorney
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c/naplcs manor lakeslrcso
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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EXHIBIT KA"
LEGAL DESCRIPTION
LOT 20 OF BLOCK 12, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED TN PLAT BOOK
3, A T PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
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OWNER covcnants and agrees to comply wirh the alTordable 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 waivcr to a subsequent purchaser, the Dwelling Unit shall bc sold only to households
meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
alTordable housing for a fifteen (15) year period after the datc thc 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 rcpaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
elTective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with thc requirerncnts of this Agreement.
8.
RELEASE OF LIEN.
Upon satisfactory completion of the Agreement
requirernents and fifteen (15) years afler the date of issuance of the certificate of Occupancy. or
upon payment of the waived impact fces, the COUNTY shall, at thc expensc of the COUNTY,
record any necessary documentation evidcncing the termination of thc licn. including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shaJl 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 DweJling Unit, the original OWNER shall rernain 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 shaJl run wirh the land and
shaJl remain a lien against the DweJling 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 CoJlier County, Florida, within tifleen (15) days afler
execution of this Agreement by the Chairman of the Board of County Commissioners.
II. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER
fails to seJl the Dwelling Unit in accordance with the affordable housing standards and
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