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Resolution 1995-590 \11001 I , ~ RESOLU'I'IOll 110. 95- 590 RESOLUTION OF THE BOARD Of COUNTY COMMISSIONERS, COLLIER COUIITY, FLORIDA, AUTHORIZING 50\: t-JAIVEH/SO% DEFERRAL OF 100% LIBRARY SYSTEM IMPACT !'E;r.S, PARKS AND RECREATIONAL FACILITII':~; IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE 1I0USE TO BE CONSTRUCTED BY RICHARD AND PEGGY SUE EAGLER, ON 2760 8TH AVENUE N.E., GOLDEN GATE ESTATES, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack ( f adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing lly including sev ~ral provisions in the Collier County Growth Management Plan, i eluding: objective 1. 4, policy 1.4.1; objective 1.5, policy 1.5,2, policy 1.5.3, ~1licy 1.5.4, policy 1.5.5, policy 1.5.6; bjective 1.6, pelley 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 Housing Element; and WHEREAS, Collier County has received funding pUl:suant to the State Housing Initiatives Part ~rship Program SE't forth in Section 420.907 et seq., FIor id Statutes, and Chr'lpter 91-37, Florida Administra~ive Code; and WHEREAS, in accordance vi i th Collier County Ordil'}ance No. 93-19, ,the County is authorized to use funding frem the State Housing Initiatives partnen hip [SHIP) Plogram for waiver/deferral of Collier County im9act fees; and WHEREAS, Richard and pegqy Sue Eagler are SE eking a 50% waiver/50\: deferral cf 100% of liO,I.JClct fees; and WHEREAS, Richard and Peygy Suo Eagler will construct one (1) three-bedroom unit (the "Dwellin~ Unit") on 2760 Bth Avenue N.E., Golden Gate EstatE.s, CoIl ier COlil;ty, Florida, which is proposed to cost Seventy-Six Thousnnd Doll~rs ($76,000.00) i a~j WHEREAS, the D\','e 11 i ng Un it / i 11 be ovmed by <' low income household; and ..""'........-.....0'"1 w""'. . . ........... WHEREAS, Richard und PClJCJY Sue Eag ler subm i ttatl to the office of Housing and Urban fmprovamcnt an Afford.:\blc Housing Application dated April 18, 1'1'1', tor .:l waiver/deferrill of impact fees for the construction ot I hou~;e on 2760 8th Avenue N.E., Golden Gate Estates, Collier county, Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, section 3.04 of the Library System Impact Fee Ordinance, Ordinalce No. 88-97, as amended; section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as a tended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; section 3.05 of the Emergency Medical services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Se< tion 3.05 of the Educational Facilities System Impact FE.e Ord nance, Ordinance N). 92-33, as amended; an applicant may obtc\ ir a 50% waiver/50\: deferral of 100% impact fees by qualifying fOl a waiver/deferral; and WHEREAS, Richard and Peggy Sue Eagler have qualified for a 50% waiver/50% deferral based upon the following re~resentations made: A. The Dwelling Unit shal be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a low income level as that term is def~ned in the Appendices to the respective Impact Fee OJ-dinances and the monthly payment to 'lurchase the unit m\:st be within the affcrdable housincJ guidelines establ shed in the Appendices to the respo tive Impact Fee Or('inances. c. The Dwelling Unit shall be the Homestead of the owner. D. The Owe] ling Unit sh" 11 remain affordable for fifteen (15) ye,'rs from the da' e the certificate of occupancy is issued, unless t~e impact fee is repaid to the COUNTY. ,-., (~rn" ~q '~-'"";"'.".'..='4 WHEREAS, Richard and P0gqy Sue Eugler have rt~quested that the County subordinate its riqht~..~, interest nnd lien to Owner's primary lender. WHEREAS, Owner has provi~Pll ~ufficient document~tion that a subordination of the County's impact fees to Owner's primary lender is required in order to obtain financing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County commissioners hereby authorizes the County Manager to issue an Authorization for waiver/< eferral of impuct fees to Richard and Peggy Sue Eagler for one (1) house located at 2760 8th Avenue N.E., GI lden Gate Estates, Collier County, Florida. 2. Upon receipt by the lousing and Urban Development Director. of the agreemel t for waiver/deferlal of impact fee signed by Richard "lnd Peggy Sue Eagl,~r, or other documentation acceptabl<! to the County A ':torney, the Board of County Commissioners hereby authorizes the payment by Collier County of the followinl, impact fees from the Affordable Hoc ;ing Trust Fund, Fund (191), in the following amounts f r the one (1) hous., to be built on 2760 8th Avenue N.~ , Golden Gate Estates, Collier County, Florida: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreatilnal Facilities Im}:.:tct Fee: (1) Community Par s (2) Regional Purks D. E. EMS Impact Fee Ed\I:ational Facili....ies System Impact Fee ,99.00 179.00 14.00 1,778.00 Tot~l Impact Fees $ :3 929.52 3. The waiver/deferral of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the property owner and/or purchaser and the County. This Resolution adopted ,'I ftc>r motion, second and majority J vote favoring same. \ .',~~T'~~'::>;;7jJ ,:' ~TTEST: '. ,.. DWIGHT E. BRbc~, ~lerk \,tfN~~~~0t . .,' , .' Apprdved"a's to form and legal sufficiency: JAwk:tAJ1AA- Assistant County Attorney doc \')7 "'" ". .-----.-.....---.<'> ."".,