Resolution 1997-425RESOI.UTION NO. 97- 1425
RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS, COl.1.[
COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAl. WATER
SYSTEM IMPAC-'rr FEES, REGIONAL SEWER SYSTEM IMPACT FEES.
LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAl.
FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MI:.DI('.,\I.
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTI.~M
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY [MMOKAI.[.~I:~
tlABITAT FOR HUMANITY, INC., ON LOT 18, BLOCK 13, NAPI.ES MANOR
LAKES, NAPLES, FLORIDA.
WttEREAS, Collier County has recognized and attempted to address thc lack ol' adequate and affi~rdablc
housing for moderate, Iow, and very-low income households in the County and thc need for creative and inm~vat~vc
programs to assist in the provision of such housing by including several provisions in thc Collier ('ot,nly (irowtb
Management Plan. including: objective 1.4. policy 1.4.1: objective 1.5. policy 1.5.2. policy 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. policy 2.1.1. policy 2.1.2. policy 2.1.3. policy
2.1.5, and policy 2.1.6 of the }lousing Element: and
WItEREAS, Collier County has received funding pursuant to thc Stale llousing Initiatives l'arlncrship
Program set forth in Section 420.907 et. seq.. Florida Statutes and Chapter 91-37. l:lor~da Admmislrat~vc ( '¢~dc: and
WIIEREAS, in accordance with Collier County Ordinance No. 93-19. thc ('ounly is authori/cd Io usc
funding from the State ttousing Initiatives Partnership [SHIP] Program for wa~cr', ¢~f ('{~lhcr ('mmty tlnpact IL'cs:
and
WlIEREAS, lmmokalee ttabitat for ltumanity. Inc. is seeking a waiver or' tmp;~ct fees: and
WHEREAS, Immokalee ttabitat for ltumanity, Inc. will construct one fl) three-bedroom t, mt 1thc
"Dwelling Unit") on Lot 18, Block 13 Naples Manor Lakes which is proposed to sell I'm [:ort~/-Six l'h{,usand F~vc
Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit w/Il be purchased by a ,,'er5' Iow income household x~hich
invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains tttlc Io thc house: and
WHEREAS, Mr. Charles C. Smith. Vice President of Immokalec itabitat for tlumanity. Inc.. submitted to
the Office of }lousing and Urban Improvement an Affordable tlouslng Application dated September 30. 1997 for a
waiver of impact fees for the construction of a house on Lot 18. Block 13 Naples Manor l.akcs, a c~py ~t' ~.aid
application is on file in the }lousing and Urban Improvement Department: and
WItEREAS, in accordance with Section 3.04 of the Regional Water System Impact Fcc ()rdinancc.
Ordinance No. 90-86, as amended; Section 3.04 of the Regional Sewer System Impact [:cc ()rdinancc . ()rdmancc
No. 90-87, as amended; Section 3.04 of the Library System Impact Fee ¢)rdmancc. ()rdinancc N¢~. 88-97. as
amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance. ¢)rdinancc Nt~. 88-96. as
amended; Section 3.04 of the Road Impact Fee Ordinance. Ordinance No. 92-22. as amended: Section 3.05 o~' thc
Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71. ;is amended: and Scction 3.05 of
the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33..~s amended: an applicant may ,)btam
a waiver of impact fees by qualifying for a waiver: and
following representations made by Immokalee t labitat 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 level as that term is defined
in the Appendices to the respective Impact Fee Ordinances and thc monthly paymen! to purchase the
unit must be within the affordable housing guidelines established in the Appendices to the
respective Impact Fee Ordinances.
The Dwelling Unit shall be the llomcstcad of the owner.
The Dwelling Unit shall remain affordable for fifteen (15))'ears from the date thc cemficate of
occupancy is issued.
NOW THEREFORE, BE IT RESOLVED BY Tilt:, BOAR[) OF ('()UNTY C{}MMISSIONILRS OF
COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners hereby authorizes thc County Manager to issue an
Authorization for waiver of impact fees to lmmokalee Habitat for ttumanily. Inc. for one ( 1 ) house
which shall bc constructed on Lot 18, Block 13 Naples Manor Lakes. ('oilier ('ounty. Florida.
2. Upon receipt by the }lousing and Urban Improvement Director of an agrcc~ncnt for waiver of
impact fees signed by immokalee Habitat for Humanity. lnc.. and,'or thc purchaser, or other
documentation acceptable to the County Attorney. thc Board o1' County ('omm~ssioncrs hereby
authorizes the payment by Collier County of the following impact fees from thc Affordable llousing
Trust Fund, Fund (191), in the following amounts for the one (1) house to bc built on l.ot 18. Block
13 Naples Manor Lakes by Immokalee Habitat for I lumanity, Inc.: Library Impact Fee S 180.52
Road Impact Fee
,379.00
Parks and Recreational Facilities
Impact Fee:
(1) Commumty Parks 399.00
(2) Regional Parks 179.00
EMS Impact Fee 14.00
Educational Facilities System
Impact Fee 1.778.00
Water Impact Fee 900.00
Sewer Impact Fee ~
TOTAL IMPACT FEES $6,169.52
The payment of impact fees by Collier County is subject to thc cxccutmn and recordation of an
agreement for waiver of Collier County Impact Fees between thc property owner and/or
purchaser and the County.
- 2 -
DWI~FIT ~ BROCK, Clerk_r ,
Approved as to form and
legal sufficiency:
H'ei~ti F~ Asht6n
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
Timothy L. H, ffncock, Chairman
/
c/naples manor lakes/reso
- 3 -
EXHIBIT "A'
LEGAL DESCRI PTI ON
LOT 18 OF BLOCK 13, NAPLES MANOR LAKES, ACCOILD1NG
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLI.IER ¢:OUN'I'Y
FLORIDA.
AGREEMENT FOR WAIVER OF COLI.IER COUNTY IMPACT FEES
16A3
This Agreement for the Waiver of Impact Fees entered into this q~:X~tay of ~'.-, 1997. by anti
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and lmmokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 90-86, as amended, the (.'oilier 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 Fcc Ordinance; Collier County Ordinance
No. 92-22, as amended, the Collier County Road Impact Fcc 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 collcctivcly 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 rcquircd by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Manager or his designee has reviewed fl~e 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 qualifying the
project as eligible for an impact fee waiver; and
- 1 -
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER cmbodicd in
Resolution No. 97- ~/,,,%~' at its regular meeting of "~ a-t~,-,.~-~Y/ . 1997: anti
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 parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are 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
mad 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 ccrtificat¢
ofoccupancy is issued for the Dwelling Unit.
REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
ao
eo
The Dwelling Unit shall be sold to a household with a very Iow income as
defined in the appendices to the Impact Fcc Ordinance and his.,q~cr
m~mthly payments to purchase thc Dwelling Unit shall he within the
affordable housing guidelines established in thc appcndiccs to thc Impact
Fee Ordinance;
The Dwelling Unit shall be sokl to a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
The Dwelling Unit shall remain as affordable housing lb, 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 total amount of $6,169.52 pursuant to the Impact Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER,
- 2 -
OWNER covenants and agrees to comply with thc affordablc housing
impact fee waiver qualification criteria detailed in thc Impact t-cc
Ordinance.
5. SUBSEQUENT TRANSFER, If OWNER 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 bc utilized for
affordable housing for a fifteen (15) year period after the date 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 repaid to the COUNTY.
7. LIEN. The 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 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 the expense of thc COUNTY,
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT, This Agreement shall be binding upon the par~ics to this
Agreement and their respecti',e heirs, personal representatives, successors and assigns. In thc
case of sale or transfer by gift of the Dwelling Unit, the 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 are satisfied.
10. RECORDING. This Agreement shall be recorded bv OWNER al the cxpcnsc of
OWNER in the Official Records of Collier County. Florida, within fifteen (15) clays after
execution of this Agreement by the Chairman of the Board of County (,'ommissioners.
!1. DEFAULT. OWNER shall be in default ofthis Agreement (I) where OWNER
fails to sell the Dwelling Unit in accordance with thc affordable housing standards and
- 2 -
16 3
qualification criteria established in thc 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 property fail to comply with thc said
qualification criteria at any time during the fifteen (I 5) year period or should OWNER violate
any provisions ofthis Agreement, thc impact fees waived shall be paid in full by OWNER within
thirty (30) days of raid non-compliance. OWNER agrees that thc 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 thc Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxcs and shall be on
parity with the lien of any such County taxes. Should thc 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, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for thc foreclosure of a
mortgage on real properly. 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 the statutoD' rate for
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, thc parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses: )
~?nt Name ~'a,~,.-.~ r~,, /~e~
OWNERS:
IMMOKALEE HABITAT FOR
HUMANITY, INC.
- 4 -
DATED:
DWi.GHT E. BR~ Cl~r~
A~roV~ ~ to fo~ ~d
leal su~ci~cy
He~dl F. Ashton
Assistant County Attorney
]6A3
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Timothy/~ Hancock. Chairman
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of ~; 1997,
by Charles C. Smith, Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known
to me.
[NOTARIAL SEAL] Sign4j~~ing Acknowledgment
,',,,¢c,?. :..'
Name of Acknowledger Typed, Printed 'or Stamped
jd/gm/c/naples manor lakes/agree
- .5 -
EXHIBIT
LEGAL DESCRIPTION
LOT 18 OF BLOCK 13. 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 -