Resolution 1997-428RESOI.UT1ON NO. 97- 428
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONF, RS. ('OI,I,II!R
COUNTY. FLORIDA, AUTIIORiZlNG WAIVER OF REGIONAl, WATER
SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPA('T FF, ES.
LIBRARY SYSTEM IMPACT FEES. PARKS AND RECREATIONAE
FACILITIES IMPACT FEES. ROAD IMPACT FEES. EMERGENCY MEI)I('AI,
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTF, M
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY
ttABITAT FOR HUMANITY. INC.. ON LOT 39. BI,OCK 13. NAPI,ES MAN'I )R
LAKES. NAPLES. FLORIDA.
WttEREAS, Collier County has recognized and attempted to address thc lack ,f adcqua~c and
housing for moderate, low. and very-low income households in thc County and Ibc need for crcauvc and umovauvc
programs to assist in the provision of such housing by including several provismns ~n thc Colhcr ('ounty ( ;rowth
Management Plan, including: objective I.a. policy 1,4.1: objective 1.5. pohcy 1.5.2. policy 1.5.3. pohcy
policy 1.5.5. policy 1.5,6: objective 1.6. policy 1.6.3: objective 2.1. pohcy 2.1.1. pohcy 21.2. pohcy 2.1.3. p,licy
2.1.5, and policy 2.1.6 of the Housing Element: and
WHEREAS. ('oilier County has received funding pursuant lo the State fi,using ]nilHlllVeg I'arlncrship
Program set forth in Section 420,907 el. seq.. Florida Statutes and ('hapter 91-37. FI,rida Admimstrahve ( 'ode: and
WttEREAS. in accordance wilh Collier County Ordinance No. 93-19. the ('ounly ~s aufl~onzcd m use
funding from the State ttousing Initiatives Partnership [SttlPI Program for waivers of ('alhcr ('ounLv m~pact fees:
and
WHEREAS. Immokalee Habitat for llumanity. Inc. is seekmg a waiver of impact fi:cs: anti
WIIEREAS. Immokalee tlabitat for Humanity, lac, will construct one (I} three-bedroom Unlt (Ibc
"Dwelling [Jnit") on Lot 39, Block 13 Naples Manor l.akcs which ts proposed to sell for Forly-Six Thousand Fwc
Hundred Dollars (.~46.500.O0): and
WHEREAS, thc Dwelling Unit will be purchased by a vet3,' low income household wh:ch ~s required to
invest a minimum of five hundred (500) hours of"Sweat Equity" before ~t obtains lille 1o thc house: anti
WHEREAS, Mr. Charles C. Smith, Vice President of Immokalee l-lab~tat for }{amatory. Inc.. submitted to
thc Office of tlousing and Urban Improvement an Affordable tlousmg Applicat.~n dalcd Scptcmhcr .:,O. 1')')7 for a
waiver of impact fees for the construction of a house on Lot 39. Block 13 Naples Man.r [.akcs. a copy of
application is on file in the Housing and Urban Improvement Department; and
WtIEREAS, in accordance with Section 3.04 of the Regional Water System h'npacl Fcc ()rdmance,
Ordinance No. 90-86. as amended; Section 3.04 of the Regional Sewer System Impact Fcc { )rdmancc . t)rdmancc
No. 90-87, as amended; Section 3.04 of the Eibrary System Impact Fee Ordinance. ()rdmancc No RS-97, as
amended; Section 4.05 of Ibc Parks and Recrealmnal Facilities Impact Fee Ordinance. (}rdinancc No. b;g-96, ax
amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22. as amended; Sccnon 3.05 of the
Emergency Medical Sen'ices System Impact Fee Ordinance, Ordinance No. 91-71. as amemled; and Section 3.05 of
the Educational Facilities System Impact Fee Ordnance, Ordinance No. 92-33. ax amended: an apphcant may obtain
a waiver of impact fees by qualifying for a v, aiver: and
WHEREAS, Immokalce Ilabital for ltumanity, Inc. has qualified for an impact fcc waiver based upon the
following representations made by Immokalee Habitat for Itumanity. 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 low income lcvcl as that term is defined
in the Appendices to the respective Impact Fee Ordinances and the m~mthly payment m purchase the
unit must be within the affordable housing guidelines established in thc Ap¢cndiccs to the
respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the llomestead oftbe owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date thc cer~ificatc of
occupancy is issued.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners hereby authorizes the County Manager to issue an
Authorization for waiver of impact fees to lmmokalee Habitat for tlumanity. Inc. for one (1) house
which shall be constructed on Lot 39, Block 13 Naples Manor Lakes, ("oilier ('ounty, Florida.
2. Upon receipt by the tlousing and Urban Improvement Direclor ~f an agreement
impact fees signed by lmmokalee llabitat for Ifumanity, Inc.. and:'or the purchaser, or other
documentation acceptable to the County Atlorncy, the Board of County ('omm~ssmncrs hereby
authorizes the payment by Collier County of the following impact fees from thc Affi~rdablc I lousing
Trust Fund, Fund {'191), in the following amounts for the one (l) house to be built on l.ot 39. Block
13 Naples Manor Lakes by Immokalee ltabitat for tlumanity. Inc.:
A. Library Impact Fee $ 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 $1.340.00
TOTAL IMPACT FEES $6,169.52
3. The payment of impact fees by Collier County is subject to the execution and rccordatmn ,.d' an
agreement for waiver of Colher County Impact Fees between thc propcr~y owner ancL:or
purchaser and the County.
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This Resolution adopted after motion, second and majority vote favoring same,
BROCK, Clerk,C.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: Ti'mr~th~; L.~an~c~c, dh;irman
Approved as to form and
legal sufficiency:
Assislant County ARomey
c/naples manor lakcs/reso
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 39 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 COUN'Dr'
FLORIDA.
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver &Impact Fees entered into this q_,oeday of ~ 1097, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Immokalee Habitat for tiumanity, Inc.. hereinafter referred to as "OWNER."
WITNESSETI't:
WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County
Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 9f)-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 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 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 Iht Impact
Fee Ordinance, a copy of said application being on file in the 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 thc requisite
impact fees subject to satisfaction of all criteria in the hnpact Fcc Ordinance qualifying thc
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-..~2,ff" at its regular meeting of___,~ ~.~r,,..~,~-.,t-~ ,1997; and
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 par~ics covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals arc true and correct and :;ball
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (thc "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 thc
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 warrants thc
following:
ao
b°
The 12~'elling Unit shall be sold to a household wilh avco' low i~come as
defined in the appendices to thc Impact Fee Ordinance and his/hcr
monthly payments to purchase thc Dwelling [3nit shall bc 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 ofo~ncr:
The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date thc certificate of occupancy is issued for thc Dwelling
Unit; and
OWNER is the owner of record of thc Dwelling tJnit a~a(t 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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16A
OWNER covenants and agrees to comply with thc affordable housing
impact fee waiver qualification criteria detailed in the 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 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 the Dwelling Unit on thc
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactoD' 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 the 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 the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In thc
case of sale or transfer by girl of the Dwelling Unit, the original OWNER shall remain liable tbr
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 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 by OWNER at thc expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) (lays after
execution of this Agreement by the Chairman of the Board of County Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER
fails to sell the Dwelling Unit in accordance with the affordable housing standards and
Cz>
'0
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qualification criteria established in the Impact Fee Ordinance and thereafter fails to 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 Impacl 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 tine said
qualification criteria at any time during the fifteen (I 5) 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 Agreement and
continuing for fifteen (15) yearn 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, 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 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 auomcys
fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for
judgment~ 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
C~ ' t~'harles C. Smith, V/~e Presidlent
{22:>
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Assistant County Attorney
16A3
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF
COLTNTY OF
The foregoing inst.,'ument was acknowledged before mc this _iV__._ day of~, 1997,
by Charles C. Smith, Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known
to me.
[NOTARIAL SEAL]
Si '~~ment
Name of Acknowledger Typed, Pfintegl or Stamped
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:;:~>;:., .~)~[tr. ;7;,',~ OF n.OIb~,',t
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jcl/gm/c/naples manor lakes/agree
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16A
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 39 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 COLI,IER COUNTY
FLORIDA.
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