Resolution 1997-423RESOI.IJTION NO. 97- 623
RESOLUTION OF ]'liE BOARD OF COtlNTY ('OMMISSION[':P,S. ('OI.[.IF.P,
COUNTY, FLORIDA, AUT}{ORIZING WAIVER OF REGIONAl. WATER
SYSTEM IMPACT FEES. REGIONAL SEWER SYSTEM IMPACT FEES.
LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES, ROAD 1MPACT FEES. EMERGENCY MEI)ICAI.
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKAI.EIi
I-IABITAT FOR ItUMANITY, INC.. ON LOT 5. BI.OCK 13. NAI'I.ES MANOR
LAKES, NAPLES. FLORIDA.
WItEREAS. Collier County has recognized and attempted to address thc lack of adcquatc anti affordable
housing for moderate, low, and very-low income households in the County and thc nccd fi)r creative and innovative
programs to assist in the provision of such housing by including sc;'cral provismns in thc ('oilier ('ounty (irowth
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. pohcy 2.1.2. pohcy 2.1.3. pollo;'
2.1.5, and policy 2.1.6 of the }lousing Element: and
WItEREAS, Collier County has received funding pursuant to the State }lousing Iniliativcs I'artncrship
Program set forth in Section 420.907 ct. seq.. Florida Statutes and ('haptcr 91-37, Fh)rida Administrative (.'{)dc: and
WHEREAS, in accordance with Collier County Ordinance No. 93-19. thc ('ounty is authorlTctl lo usc
funding from the State }lousing Initiatives Partnership [SHIP] Program lbr wav.'crs of ('oilier ('cmnty m~pact lkcs:
and
WHEREAS, [mmokalee tlabitat for ttumanity, Inc. is seeking a waiver of impact fees: and
WHEREAS, lmmokalee Itabitat tbr Ilumanity, Inc. will construct one (1)three-bedroom uml (tile
"Dwelling [)'nit") on Lot 5, Block 13 Naples Manor I.akes which is proposed to soll fi)r Forty-S,x '['}:ousand l:ivc
tlundred Dollars ($46,500.00); and
WIIEREAS, the Dwelling Unit ''vfll be purchased by a ','cO' lox,,' income }muschold which i-: required to
invest a minimum of five hundred (500) hours of "Sweat F. qu~ty" before it obtains lille I~ thc hot,sc: anti
WHEREAS, Mr. Charles C. Smith. Vice President of Immokalee Ilabitat li)r Ilumamty. Inc.. suhmlttcd to
the Office of ttousing and Urban Improvement an Aflbrdable Housing Applicamm dalcd Scplcmbcr 30. 1997 for a
waiver of impact fees for the construction of a house on Lot 5. Block 13 Naplcs Man,~r l.akcs, a copy of said
application is on file in the l lousing and Urban Improvement Departmenl; and
WHEREAS, in accordance with Section 3.04 of the Regional Water System h'npacl Fcc ()rdinancc.
Ordinance No. 90-86, as amended; Section 3.04 of the Regional Sewer System Impact Fcc ()rdmancc . t)rdtnancc
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 lhe 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 {lie
Emergency Medical Sen'ices System Impact Fee Ordinance, Ordinance No. 9t-71. as amended: and Sccmm 3.05 of
the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33 as anacnded: an applicant may oblam
a waiver of impact fees by qualifying for a ~vaiver: and
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following representations made by lmmokalce tlabitat 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', Iow income leYel as that term is defined
in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase thc
unit must be within the affordable housing guidelines established in thc Appendices to the
respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the or, ncr.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from thc date thc cc~lificalc of
occupancy is rssued.
NOW TItEREFORE, BE IT RESOLVED BY TIlE BOARD OF (.'()tINT",' C(.)MMISSI(~NER,q (.)F
COLLIER COUNq"Y, FLORIDA, that:
1. The Board of County Commissioners hereby authorizes thc County Manager to issue an
Authorization for waiver of impact fees. to Immokalee Habitat fi)r I lumanity, Inc. for one (1) house
which shall be constructed on Lot 5, Block 13 Naples Manor l.akes. Collier County, Florida.
2. Upon receipt by thc Housing and Urban lmproYement Director ol' an agreement fi:~r waiver of
impact fees signed by Immokalee tIabitat for llumanity, Inc.. and,"(~r the purchaser, or other
documentation acceptable to the County Attorney, thc Board of ¢'ounty ('omm~ssic, ners hereby
authorizes the payment by Collier County of the t'oltowing impact IL'cs from thc Affi~rdablc flousmg
Trust Fund, Fund (191), in the following amounts for the one (1,~ house to be built on l.ot 5, Block
13 Naples Manor Lakes by lmmokalee Habitat for ]lumanity, lnc.:
A. Library Impact Fee S 180.52
B. Road Impact Fee 1,379.¢)0
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 Si .340.00
TOTAL IMPACT FEES $6,169.52
3. The payment of impact i%es by Collier County is subjecl to the execution 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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Approved as to fo,-m and
legal sufficiency:
t '~'t( Asfiton
Assistant County Attomey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FI. ORIDA
By:
T(m'oihy L. l-~n~-oc~ Cfiairr~an
/
c/naples manor lakes/reso
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EXtIIBIT "A"
LEGAL DESCRIPTION
LOT 5 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 86, 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 this q_..,~day of_~ 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."
WlTNESSETH:
WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County
Regional Water System Impact Fcc 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 Fcc Ordinance; Collier County Ordinance
No. 92-22, as amended, the Collier County Road Impact Fcc Ordinance; and Coil/er 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 rcqtJired by the Impact
Fee Ordinance, a cop3' of said application being on file in the office of fIousing and Urban
Improvement; and
WHEREAS, the County Manager or his designee has reviewed the OWNER's application
and has found that it complies with thc requirements for an affordable housing wai~,cr el' 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 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
Resolution No. 97-~ at its regular meeting of '"2)~/ot , 1997; and
WHEREAS, the Impact Fcc Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of thc foregoing recitals, thc parties covenant and
agree as follows:
I. 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 "l)welling
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 thc
Impact Fee Ordinance for a period of fifteen (! 5) years commencing from the date thc certificate
of occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a. 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 thc Dwelling l?nit shall bc within the
affordable housing guidelines established in the appendices to thc Impact
Fee Ordinance;
b. The Dwelling Unit shall be sold to a first-time home buyer;
c. The Dwelling Unit shall be the homestead ofowner;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
[..Init; and
e. 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 retum for thc 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
ordina,~ce.
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 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
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on thc
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 thc 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 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 EFFECI. This Agreement shall be binding upon thc parties 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, 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
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days alter
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 criteri~ established in thc Impact Fee Ordinancc and thcrcaflcr fails lo 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 of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should OWNER violate
any provisions ofthis 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 Agrcctncnt and
continuing for fifteen (15) years from thc 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 forcclosure 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 auorncys
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 fi~r Waiver
of Impact Fees on the date and year first above written.
Witnesses:
OWNERS:
IMMOKALEE HABITAT FOR
HUMANITY, INC.
o
o
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Fl~i"d i 'F.
Assistant County Attorney
16A
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLOP, IDA
By: ~
Timothy ~. H~ancock, Chairm
STATE OF ~)
COUNTY' OF Collier )
The foregoing instrument was acknowledged before me this
by Charles C. Smith,
to me.
[NOTARIAL SEAL]
day ofd(~-~;~'~...-. 1997,
Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known
Sign~"_5~ ;~ PerSOn Taking Acknowlc/dgment
Name of A(~knowledger Typed, Printe/d or Stamped
id/gm/c/naples manor lakes/agree
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EXHIBIT "A'
LEGAL DESCRIPTION
LOT 5 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
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