Resolution 1997-420RESOI.UTION NO. 97- /,20
RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONF. RS. ('()I.I.IER
COUNTY. FLORIDA, AUTHORIZING WAIVER OF REGIONAl. WA'I'I(R
SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FF.F.S.
LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAl.
FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MF, I)I('AI.
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKAI.F.t:.
ttABITAT FOR HUMANITY, INC.. ON LOT 2. BLOCK 13. NAI'I.I!S MANt')R
I.AKES, NAPLES, FLORIDA.
WIIF. REAS, Collier County has recognized and attempted to address thc lack ,~f adequate and afford:lble
housing for moderate, low, and very-low inctm~c households in the County and thc nccd I'or creative and mnovativc
programs to assist in the provision of such housmg by including several provismns in thc Collier County Growth
Management Plan. including: objective 1.4. policy 1.4.1: objective 1.5, pohcy 1.52. policy 1.5.3. policy 1.5.4.
policy 1.5.5. policy 1.5.6; objective 1.6, policy 1.6.3; objecti,,'e 2.1. policy 2.1 .I. pohcy 2.1.2. imhcy 2.1.3. policy
2.1.5. and policy 2.1.6 of the ttousing Element: and
WIIEREAS, Collier County, has rcccix'cd funding pursuant It) lhc Stmc l lm~,lng lmliall'.'c:, I'~rtncrship
Program set forth in Section 420.907 I::t. seq., Florida Statutes and Chapter 91-37. I:lor~da ,.\dnlm~stratl~.c ('ode; and
WIfEREAS. in accordance with Collier County Ordinance No. 93-19. thc ('tmnty ~s .'mthonzcd lo usc
funding from the State }lousing Initiatives Partnership }SHIP] Program for waif. ers of('olher County .npact fees:
and
WttEREAS, Immokalee Habitat for Humanity, Inc. is seeking a waix'er of impact I'ccs: and
WIIEREAS. Immokalee Habitat for tlumanity. Inc. will construct ~mc (11 three-bedroom unit (the
"Dwelling Unit") on Lot 2. Block 13 Naples Manor Lakes which ~s proposed m sell lktr Flirty-Six 'l'h(msand l:lvc
Hundred Dollars ($46,500.00); and
WItEREAS, the Dwelling Unit will be purchased by a very Iow inc~m~c hm~schold which is required to
invest a m~nimum of five hundred (500) hours of"Sweat Equity" before it obt:fins title to thc house: ami
WHEREAS, Mr. Charles C. Smith. Vice President of [mrm)kalcc llabilat f(~r I lumanity. Inc. s~tbm~ttcd to
the Office of Housing and Urban ImproYemcnt an .,\ffordablc l lousing Applicatmn dated 5;cl)tcmbcr .;t). 19')7 IYr a
waiver of impact fees for thc construction of ;t house on l.ot 2. Block 13 Naples Nlan,.~r l.akc~, a c~iLv ,~1' ~aid
application is on file in the ltousing and Urban Improvement Department: and
WIIEREAS, in accordance with Section 3.04 of the Regional Water System Impact }:ce Ordinance,
Ordinance No. 90-86, as amended; Section 3.04 or'the Regional Sewer System hr~pact Fcc ()rdinancc . ()rdmance
No. 90-87. as amended; Section 3.04 o1' thc Library System Impact Fcc ()rtlinancc. ¢)rdm:~,'cc No. 88-97. ils
amended: Section 4.05 of the ?arks and Recreational l:acilitics Impact [:cc ()rdin;m¢c. thdinancc N~. 88-9(',. as
amended: Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. t~2-22, as amended: Scctmn 3.05 of Ibc
Emergency Medical Services System Impact }"ce Ordinance, Ordinance No. 91-71. ;ts amended: and Sccmm 3.(15 of
the Educational Facilities System Impact Fcc Ordinance, Ordinance No. 92-33, as amended: an applicant may obtain
a waiver of impact fees by qualifying for a waiver: and
1
WHEREAS, lmmokalee Habitat for Humanity, Inc. has qualified for an impact fcc waiver bascd upon the
following representations made by lmmokalee Habitat for I lumanity, Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwe,ling 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 Fee Ordinances and the monthly payment to purchase the
unit must be within the affordable housing guidelines cstablishcd in thc Appendices to the
respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of thc owner.
D. Thc Dwelling Unit shall remain affordable for fifteen (15) years from thc date thc certificate of
occupancy is issued.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ('OUNTY 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 to Immokalee Habitat tbr llumanity, Inc. for one (1) house
which shall be constructed on Lot 2, Block 13 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 Habitat for ttumanity. Inc.. and/or ~he purchaser, or other
documentation acceptable to the County Attorney, the Board of ('ounty ('omm~ssloncrs hereby
authorizes the payment by Collier County of the following impact fees from thc Affordable tlousmg
Trust Fund, Fund (191), in the following amounts for the one (11 house to be buih on Lot 2, Block
13 Naples Manor Lakes by lmmokalee ttabitat for Ilumanity, lnc.:
Library Impact Fcc $ 180.52
tX.
B.
C.
Road Impact Fee
Parks and Recreational Facilities
Impact Fee:
(1) Community Parks
(2) Regional Parks
D. EMS Impact Fee
E. Educational Facilities System
Impact Fee
F. Water Impact Fee
G. Sewer Impact Fee
TOTAL IMPACT FEES
3.
1,379.00
399.0O
179.00
14.00
1,77g.00
900.00
$1.340.0~
$6,169.52
The payment of impact fees by Collier County is subject to thc execution anti recordation of an
agreement for waiver of Collier County Impact Fees between thc property owner and/or
purchaser and the County.
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This Resolution adopted after motion, second and majority vote favoring samc.
A'I~T: '~' . ~
D~IGHT E.~BK~, C ~ ,.
~ '.':~. ~..,~ '~
A~oved as to fo~ and
legal ~u~ci~cy:
He~d~F.~shton .....
Assis~nt County Anomey
BOARD OF COUNTY COMMISSIONERS
COLLIEK.~OUNTY, FLORIDA
Timothy L. l~ncocl~, (.~hairman
/
c/naples manor lake.qreso
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EXHIBIT "A'
LEGAL DESCRIPTION
LOT 2 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
2, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this g__OMay of __"'fir_O't'-. 1997, by and~ ~,,, ''~,.. ~..
between the Board of County Commissioners of Collier Count>'. Florida. hereinafter referred to ~ ~
as "COUNTY" and lmmokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER."
WlTNESSETH:
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 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 ('oilier 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-occt, pied dwelling
unit qualifying as affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact l'ees as required bv the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing anti Urban
hnprovement; and
WHEREAS, the County Manager or his designee has reviewed Ibc 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 Fcc 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
its regular meeting of "~ ~ . 1997: and
Resolution
No.
97-
0
at
WHEREAS, the Impact Fee Ordinance requires that thc OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the panics covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recilals arc 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 thc appendices to the
Impact Fee Ordinance for a period of fifteen (15) years commencing from the date thc certificate
of occupancy is issued for the Dwelling Unit.
REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc
following:
bo
eo
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/t'~er
monthly payments to purchase thc Dwelling [5nit shall bc within the
affordable housing guidelines established in thc appendices to thc Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be thc homestead of owner;
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 to thc Impact Fcc
Ordinance. In return for the waiver of the impact fees owed by OWNER,
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WHEREAS. the CO~TY approved ~ waiver of impac~ fees for OWNER embodied in
at its regular meefing of ~..~ ~ 1997: and
Resolution No.
97-
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 panics covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals arc 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 thc appendices to thc
Impact Fee Ordinance for a period of fifteen (15) years commencing from the date thc certificate
of occupancy is issued for the Dwelling Unit.
REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc
following:
ao
eo
The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to the Impact Fcc Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in thc appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
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 owcs impact
fees in the total amount of $6,169.52 pursuant to the Impact Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER,
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OWNER covenants and agrees to comply with the affordable housing
impact fee waiver qualification criteria detailed in thc Impact Fcc
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER 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 [.init 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, thc
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
~ifective date of this Agreement; which lien may be foreclosed upon in the evenl of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of thc certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at thc expense of thc COUNTY.
record any necessary documentation evidencing the termination of thc lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon thc parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In thc
case of sale or transfer by gift of the Dwelling Unit, thc original OWNER shall remain liable flor
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.
10. 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 (1) where OWNER
fails to sell the Dwelling Unit in accordance with the affordable housing standards and
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qualification criteria established in thc Impact Fee Ordinance and thereafter fails to pay thc
impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates
one of thc affordablc housing qualification criteria in thc Impact Fcc Orciinancc fi~r a period of
fifteen (15) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with tine said
qualification criteria at any time during the fifteen (I 5) 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 thc impact fees waived shall
constitute a lien on the Dwelling Unit commencing on thc effective date of this Agreement and
continuing for fifteen (I 5) years from the date of issuance of the certificate of' occupancy or until
repaid. Such lien shall be superior and paramount to thc interest in thc Dwelling Unit of any
owner, lessee, tenant, morlgagee, 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, thc
Board may bring a civil action to enforce this agreement. In addition, thc lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for thc forcclosurc of
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
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the panics have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
OWNERS:
IMMOKALEE tIABITAT [:OR
HUMANITY. INC.
/
C~Cfiarles C~- Sm~[h/We Preside~
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DATED: ~
ATTEST<'; ~
DWIGHT E. BROGK, Cl~k
,/?,,' , . ,-
Approv~.~ to.
legal sufficimcy
H~idi ~-. Xsh{on
Assistant County Attorney
16A3
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
.~. .' ....;/ //;'
T~t/nothy CFl~nc/oc~<~ Chairman
STATE OF ElmSxla~)
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this
by Charles C. Smith,
to me.
[NOTARIAL SEAL]
~day of ~/~-- ~,'~'~, --', 1997,
Vice President of Immokalee Habitat for Humanity, Inc. He is personally known
Sign~d'o£ Person Taking Acknowledgment
.;
Name of Acknowtedger Typed, Printed o/r Stamped
jddgnVc/naples manor lakes/agree
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1 A3
EXHIBIT "A'
LEGAL DESCRIPTION
LOT 2 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PI.AT BOOK
3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIF. R COUNTY
FLORIDA.
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