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Resolution 1997-41916A3 RESOLUTION NO. 97- 4 19 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. COLI.II:.R COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATF. R SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDI('AI. SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTF. M IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKAI.EE HABITAT FOR HUMANITY, INC., ON LOT 27, BLOCK 10, NAPLES MANOR LAKES, NAPLES, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and thc need for creative and innovative programs to assist in the provision of such housing by including several provisions in the ('oilier Count5 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. I. policy 2. t.1. policy 2.1.2. policy 2.1.3. policy 2.1.5, and policy 2.1.6 of the Itousing Element; and WHEREAS. Collier County has received funding pursuant to the State lIousing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative (;ode: and WHEREAS, in accordance with Collier County Ordinance No. 93-19, lhe County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS. Immokalcc IIabitat for IIumanity, lnc. is seeking a wmvcr or' impact fees: and WHEREAS, Immokalee tlabitat tilt Iiumanity, [nc. '.,,'ill construct one (1) ~hree-bcdr~;om unit (thc "Dwelling Unit") on Lot 27, Block 10, Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five Hundred Dollars (546,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very Iow income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains tale to thc house: and V,,O-IEREAS, Mr. Charles C. Smith. Vice President of lmmokalee Habitat t'or ttumanity. Inc.. submitted to the Office of Housing and Urban Improvement an Affordable [lousing Application dated September 30. 1997 for a waiver of impact fees for the construction of a house on kot 27. Block 10, Naples Manor l.akcs, a copy ol' said application is on file in the Housing and Urban Improvement Department: and WHEREAS, in accordance with Section 3.04 of the Regional Water System Impact Fcc 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 3.0a of the Library System Impact Fee Ordinance. Ordinance No. ~-97, as amended: Section 4.05 of the Parks and P, ccreational Facililies h'npact Fcc ()rdmancc, ()rdm:mcc No. :~8-96. as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22. as amended: Section 3.05 o{' lhc Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71. as amended; and Section 3.05 oc the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, ~s amended: an applicant may obtain a waiver of impact fees by qualifying for a waiver; and WIIEREAS, Immokalec ltabitat for tfumanity. Inc. has qualified for an ~mpacl fcc ~vav,'cr based upon thc following representations made by lmmokalce tlabitat for t lumanity. Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a hou~hold wnh a ','cD' Iow income level as that term ts defined in the Appendwcs ~,o the respective Impact Fee Ordinances and thc monthly payment to purcha~ the unit must be within the affordable housing guidelines cstabhshcd in thc Appendices to Ihe respective Impact Fee Ordinances. C. The Dwelling Unit shall be thc l[omcstead ofthe o,.~ncr. D. The Dwelling Unit shall remain affordable for fifteen fl5) years from thc date thc certificate o." occupancy is issued. NOW I'HEREFORE, BE IT RESOLVED BY TIlE BOARD OF ('OliN'FY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: I. The Board of County Commissioners hereby authorizes thc County Manager to ~ssue an Authorization for waiver of impact fees to Immokalce [labitat li~r ltumanity. Inc. for one (1) house which shall be constructed on l,ot 27, Block 10. Naples Manor l.akcs. ('tJllicr ('ounty. Florida. 2. Upon receipt by lhe Itousing and Urban Improvement Director ~ff an agreement for waiver of impact fees signed by Immokalee Itabitat for ltumanity, Inc,. and/or thc purchaser, or olher documentation acceptable to the County Altomey, the Board of ('ounty (.'ommissioncrs hereby authorizes the payment by Collier County of the following impact fees I?om fiqc A fli~rdabic llousing Trust Fund. Fund (191), in the following amounts for the one (I) house lo bc built on l.ot 27. Block II), Naple~ Manor Lakes by Immokalee Habitat for Itumanity. Inc.: A. Library Impact Fee S 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 $1.340~Q0 TOTAL IMPACT FEES $6,169.52 3. The payment of impact fees by Collier County is subject to thc cxccumm anti rccordatmn of an agreement for waiver of Collier County Impact Fees bern'ten thc properly owner and./or purchaser and the County. 16A This Resolution adopted after motion, second and majority vote thvoring same. DA.T'ED: ~,~-~/J~ ?? ~: ..;',,' ~.. .. A~oved ~s't~ fo~ and legal sufficiency: Assis~nt Coun~ Attorney BOARD OF COUNTY COMMISSIONERS COL~OUNTY, FLO./RID~ Tiinothy ~/l~an~c°Ck, Chairman c/naples manor lakes/reso EXII1BIT "A" LEGAL DESCRIPTION LOT 27 OF BLOCK 10, 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. - 4 - AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisq'.L:/-day of ~ ,.o.-, 1997, by and between the Board of County Commissioners of Collier County. Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, thc 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 ['arks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amendcd, 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 ofimpact fees for ne',',' owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by thc Impact Fee Ordinance, a copy of said application being on file in thc officc of Housing and Urban Improvement; and WIIEREAS, the Count}' 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 thc requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualif,ving thc project as eligible for an impact fee waiver; and - I - WHEREAS, the COUNTY approved a waiver Resolution No. 97-z/',/p . at its regular meeting of. 1997: and WHEREAS, thc Impact Fcc Ordinance requires that thc OWNER cntcr into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the panics covcnant 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 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 wan'ants the following: The Dwelling Unit shall be sold to a household with avcry Iow income as defined in the appendices to thc Impact Fee Ordinance and his/hcr monthly payments to purchase thc 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 oxvncr; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for thc Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the tolal amount of $6,169.52 pursuant to thc lmpact Fcc Ordinance. In return for the waiver of the impact fees owed by OWNER, - 2 - OWNER covenants and agrees to comply with the affordablc housing impact fee waiver qualification criteria detailed in the hnpact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. lfOWNER sells the Dwelling Unit subject to tim impact fee waiver to a subsequent purchaser, the Dwelling Unit shall bc sold only to households meeting the criteria set forlh in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. Thc 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, thc impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon thc Dwelling Unit on the effective date of this Agreement; which lien may be forecloscd upon in thc event 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 the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of thc COUNTY, record any necessary documentation evidencing thc 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 thc Dwelling Unit, thc original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until thc conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with thc land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 arc satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at thc expense of OX,~Xl'ER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman ofthe 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 - 3 - qualificalion criteria established in the Impact Fee Ordinance and thcrcafter fails to pay thc 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 of the violation. 12. REMEDIES. Should the OWNER of the properly 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 thirty (30) days of said non-compliance. OWNER agrees that thc impact fccs waived shall constitute a lien on the 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 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 (30) days after written notice to OWNER, the 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 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 t'or Waiver of Impact Fees on the date and year first above written. OWNERS: IMMOKALEE ttAB1TAT FOR HUMANITY, INC. BY:" /~/,' ./ ,'~" - 4 - DATED: ~.TTEST6',~; ",~ ,,~, DW( ..Gl-IT E.'B.R:.0~K, Clerk 7,./. /. , . -' ,~ Approved a~t6 form and legal sufficiency I-~e(di F. Ashi'on Assistant County Attorney 16A3 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 5in~)thy ~?,/Hanc~ck, Chairman STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this by Charles C. Smith, lo me. [NOTARIAL SEAL] ,~. day of zk'/~;/~-,(,=.-', 1997, Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known Sign~.ture of Person Taking Acknowtl)cd~mcnt Name of Acknowledger Typed, Pri~'~d or Stamped jd~grrgc/naples manor lakes/agree - 5 - EXHIBIT "A' LEGAL DESCRIPTION LOT 27 OF BLOCK 10, 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. - 6 -