Resolution 1997-422RESOI.UTION NO.
422
RESOLU'FION OF THE BOARD OF COUNTY ('OMMISSIONF. RS. ('()lA.Il.iR
COUNTY. FLORIDA, AUTItORIZING WAIVER OF RI£GIONAI, WATF. R
SYSI'EM IMPACT FEES. REGIONAl. SEWER SYSTEM }MI'ACT Fl!liS.
I.IBRARY SYSTEM IMPACT FEI-~S. PARKS AND RECREATIONAl.
FACILITIES IMPACT FEES, ROAD IMPACT FliES. EMERGF. N(",'
SERVICES IMPACT FEES AND F. DUCATIONAI. I:ACILI'FIIiS SYSTEM
IMPACT FEES FOR ONE }lOUSE '1'O BE CONSTRUCTED BY IMMOKAI.liI!
tlABITAT FOR ilUMANITY. INC..'.. ON LOT 4. BLOCK 13. NAPI.ES MAN(
LAKES. NAPI.ES. FLORIDA.
WIIEREAS, Collier County has recognized and attempted m address thc lack of adequate and affordable
housing for moderate, Iow. and very-low income households in the ('ounly anti thc need for crcatwc and innovative
programs to assis! in lhe provision of such housing by including several pro,.'~s{ons m thc ('oilier ('otmlv
Management Plan, including: objectP.'e 1.4. policy 1.4.1: objective 1.5. policy 1.5.2. p,*hcy 1.5.3. pohcy 1.5.4.
policy 1.5.5. policy 1.5.6: objective 1.6. policy 1.6.3: objective 2.1. pohcy 2.1.1. pohc.v 2.1.2. pohcy 2.1.3. policy
2.1.5. and policy 2.1.6 oflhe tlousing Element: and
WIIEREAS, Collier County has received funding pursuant to the State I{ouslng lnmativcs Partnership
Program set forth in Section 420.907 et. se~. Florida Statutes and Chaplet 91-37. I:i~nda Admmtstrat~vc < 'ode: and
WHEREAS. in accordance ,,vilh Collier County Ordinance No. 03-1~1. !he <'otmtv ~s authorlzt:d to usc
funding from the State liousing Initiatives Partnership [SIIIP{ Program for wa~crs ,,f <',+lller ('ounly impacl Ices:
and
WHEREAS. Immokalee Habitat for I lumanity. Inc. is seeking a waiver ~,1' iml'~act fees: and
WIIEREAS, Immokalee Habitat for tlumanity. Inc. w~ll construct one ~l) Ihtcc-bcdroom unit (the
"Dwelling Unit") on Lot 4. Block 13 Naples Manor Lakes which is proposed to sell Ii~r Forty-Six I'hou,.and
ltundred Dollars (S46,500.00): and
WH}iREAS, the Dwelling Unit v, ill be purchased by a very !ow mcotnc housc}~o]d w}llc}~ is required
~nvest a nnmmum of five hundred ('500) hours of"Sweat Equil? before it obtams lit{c t~} l}~c hot,sc: and
WHEREAS. Mr. Charles C'. Smith. Vice President of lmmokalee Habitat Ibr llumanily. Inc.. subm/ucd
the Office of Housing and Urban Improvement an Affordable I{ousmg Applicatmn dated September 30. 1997 {bt a
waiver of impact fees for the construction of a house on Lot 4. Block 13 Naples Manor I.akcs. a copy of said
application is on file in the }lousing and Urban Improvement Depurtmen{: and
WHEREAS, in accordance with Section 3.04 of the Regional Water Syslem Impacl Fee {)rdmance.
Ordinance No. 90-86. as amended: Section 3.04 of Ibc Reg)onal Sewer System Impact Fcc ()rdmancc . ¢)rdtnancc
No. 90-87. as amended: Section 3.04 of thc I.d}rarv System Impacl Fee (.}r<hmmcc, (>rdmancc No. ,".:8-97. as
amended: Section 4.05 of the Parks and Recreational Facihties Impact Fee Ordmancc. <)rdmancc No. 8:8-96. as
amended: Section 3.04 of the Road Impact Fee Ordinance. Ordmance No. 92-22. a'~ amended: Section 3.05 of the
Emergency Medical Services System Impact Fee Ordinance. Ordinance No. 91-71. as amcmlcd: :,nd Sccli,m
the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33. as amended: an apphcant may oblain
a waiver of impact fees by qualifying for a ~vaivcr: and
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WHEREAS, Immoka]cc tlabitat for tlumanity. Inc. has qualified fi)r an m~pact I'ec waiver based upon thc
roi|owing representations made b7 Immokalee Habitat for Humanity. Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelfing Unit shall be sold to a household with a reD' Iow income level as that term is defined
in the Appendices to the respective Impact Fee Ordinances and thc monthly payment to purchase the
unit must be within the affordable housing guidelines established in thc Appendices to Ire
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 thc date the eerlificate of
occupancy is issued.
NOW THEREFORE, BE IT RESOLVED BY ]'tiE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
I. Thc Board of County Commissioners hereby authorizes thc County Manager to issue an
Authorizalion for waiver of impact fees to Immokalee Itabitat for [lumanity. lac. for one (1) h<~use
which shall be constructed on l.ot 4. Block 13 Naples Manor [.akes. Collier Cot,nty, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of
impact fees signed by Immokalee Itabitat 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 lhc Affordable l lousing
Trust Fund, Fund ('191), in the following amounts for the one Il) house to be built on l.ot 4. Block
13 Naples Manor Lakes by lmmokalee 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 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 51.3,t0.00
TOTAL IMPACT FE ES $6,169.52
3. The payment of impact fees by Collier County is subject to thc executmn and 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 same.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Timothy L. l~n~o¢l~, Chairman
/
c/naples manor lakes/reso
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EXHIBIT "'A'
LEGAl, DESC~ON
LOT 4 OF BLOCK 13. NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF. AS RECORDED IN Pi.AT BOOK
3, AT PAGE 86. OF TIlE PUBLIC RECORDS OF COI.LIER ('OI;NI'Y
FLORIDA.
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into thisg_~v, lay of '~a-t,--, 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."
W ITN ES S ET H:
WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier Cr, unty
Regional Water System Impact Fee Ordinance; Collier Count.,,' Ordinance No. 90-87, as
mended, 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, thc Collier
County Emergency Medical Services System. Impact Fee Ordinance; Collier County Ordinance
No. 92-22, as amended, thc Collier County Road Impact Fee Ordinance; and Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities Systcm 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 lhc Impact
Fee Ordinance, a copy of said application being on file in thc office of }lousing and Urban
Improvement; and
WHEREAS, the County Manager or his designee has reviewed thc 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 thc
project as eligible for an impact fee waiver; and
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 97- ~.,~..~ at its regular meeting of_~ ~ , 1997; and
WHEREAS, the Impact Fcc Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, thc parties covenant and
agree as follows:
1. RECITALS INCORPORATED. Thc foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. Thc legal description of thc dwelling unit (thc "Dwelling
Unit") is attached hereto as Exhibit "A" and incorporated by reference herein.
3. TERM. OWNER agrees that thc 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 thc date thc certificate
of occupancy is issued for the Dwelling Unit.
REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
co
The Dwelling Unit shall be sold lo 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 thc Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer:
The Dwelling Unit shall be the homestead of owncr:
The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for ~he Dwelling
Unit; and
OWNER is the owner of record of the Dwelling Llnit and owes impact
fees in the total amount of $6,169.52 purst,ant to the Impact Fcc
Ordinance. In return for the waiver of the impact fees owed by OWN.ER.
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OWNER covenants and agrees to comply with tl'~c affordable housing
impact fee waiver qualification criteria detailed in thc Impact Fcc
Ordinance.
5. SUBSEQUENT TRANSFER. IfOWNER sells the Dwelling Unit subject to thc
impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
meeting the criteria set forth in the impact Fcc Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fiflecm (15~ year period after thc date thc ceP..ificatc 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.
7, LIEN, Thc 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 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 thc certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at tt~e expense of the COUNTY.
record any necessary documentation evidencing the lermination of thc lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the panics to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by gift of thc Dwelling Unit, tile original OWNER shall rcmai:~ liable for
the impact fees waived until said impact fees are paid in full or ut~til thc condition,s set forlh
thc Impact Fee Ordinance arc satisfied. In addition, this Agreeme~t shall run with the land and
shall remain a lien against the Dwelling Unit until thc 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, witt~in fifteen (.15) days after
execution of this Agreement by the Chairman of thc Board of County ('omnfissio~ers.
11. DEFAULT. OWNER shall be in default of this Agreement(I) where OWNER
fails to sell the Dwelling Unit in accordance with tile affordable housing standards and
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qualification criteria established in the Impact Fcc 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 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 propen, y fail to comply with the 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 the impact fees 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 thc lien for County taxes and shall be on
parity with the lien of any such County taxes. Should the OWNER bc 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 slatutoD' rate
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:
OWNERS:
IMMOKALEE HABITAT FOR
ttUMANITY, INC.
,.,/ / ,/ /
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Heidi F. Astiton
Assistant County Attorney
16A$
BOAI:LD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:~'--'~-~-~
Timothy/E. Hancock. Chairman
STATE OF EI~)
COUNTY OF ~Ili~r.~)
The foregoing instrument was acknowledged before me this
by Charles C. Smith,
to mc.
[NOTARIAL SEAL]
~day of ~.~_.d:~=d., 1997,
Vice Pr~ident oflmmokalee Habitat for Humanity, Inc. He is personally known
Sign~ of Person Taking Ackno,,~ledgmcnt
Nam~ of Acknowledger Typed P, a"nted or Stamped
o
id/gm/c/naples manor lakes/agree
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EXttlBIT "A"
LEGAl, DESCRIPTION
LOT4 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK TItEREOF, AS RECORDED IN PI.AT BOOK
3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
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