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Resolution 1994-645 SEP 6 - ~ RESOLUTION NO. 94- 645 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING PAYMENT OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FAC!LITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ERNEST N. FREEMAN, JR. ON LOT 4, BLOCK 4, PALMETTO PARK, IMHOKALEE, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack ot adequate and atfordable 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 ot such housing by including several provisions in the Collier County Growth 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, 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 pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 9I-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact tees; and WHEREAS, Ernest N. Freeman, Jr. is seeking a waiver ot impact fees; and WHEREAS, Ernest N. Freeman, Jr. will construct one (1) three-bedroom unit (the "DwellingUnit") on Lot 4, Block 4, Palmetto Park, Immokalee, Florida which is proposed to sell for Forty Thousand Dollars ($40,000.00); and WHEREAS, the Dwelling Unit will be owned by a very low income household, and aOOK 000 PAGl188 - 1 - WHEREAS, Ernest N. Freeman, Jr., submitted to the County Manager's Oftice an Atfordable Housing Application dated August 08, 1994 for a waiver of impact fees for the construction of a house on Lot 4, Block 4, Palmetto Park, Immokalee, Florida, a coPy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance wi th Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the 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 3.04 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and WHEREAS, Ernest N. Freeman, Jr. has qualified for an impact tee waiver based upon the fOllowing representations made by Ernest N. Freeman, Jr.: A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the 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 the date the. certificate of occupancy is issued. SEP 6 - .. lOOK 000 PA~r 189 - 2 - 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 of impact fees to Ernest N. Freeman, Jr. for one (1) house which shall be constructed on Lot 4, Block 4, Palmetto Park, Immokalee, Collier County, Florida. Upon receipt by the Housing and Urban Development Director ot an agreement for waiver signed by Ernest N. Freeman, Jr., 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 the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 4, Block 4, Palmetto Park, Immokalee, Florida by Ernest N. Freeman, Jr.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Community Parks (2) Regional Parks EMS Impact Fee Educational Facilities System Impact Fee $ 1.778.00 Total Impact Fees $ 3,929.52 The payment of impact fees by Collier County is subject to the execution and recordation of an Aftordable Housing Agreement tor payment of Collier County Impact Fees between the property owner and the County. SEP 6 - ~ 2. D. 399.00 179.00 14.00 E. 3. aDaK 000 PAG{ 100 - 3 - SEP 6 - .. This Resolution adopted after motion, second and majority vote favoring same. DATED: 7/thf ATT,E:ST' ' '~G~riJ?E;.~.BROCK, Clerk . ','a.~~~~_~~::~~ . m.t. By: '7'(. ~ ~: -' . --;',... '. .~. ',' .', ..' .. :.: . "Approved ~as to form and , "J.8qa1 , ~U'ff iciency: :. a &J~' rf At,~ He d F. Ashton -- Assistant County Attorney CP CoAII7IO\2\ aDD<< 000 PAGE 191 - 4 - tell: CLIlI TO TIll 10m lXTuomCI 5TI nODI m 1105 '1858151 OR: 198.1 N: 2266 m PII mOlDlO In tbe omcm mOlDS of emm eonTY, n coms 09/091H It 01 :21P1l olIGn I. BlOCI, CLIlI 33.00 7.00 AGREEMENT FOR WAIVER OF SEP 6 - ~ COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this L day of seDtember, 1994, by and between the Board of County Commissioners of Collier county, Florida, hereinafter referred to as "COUNTY" and Ernest N. Freeman, Jr., hereinafter referred to as "OWNER." WIT N E SSE T H: WHEREAS, 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 the Impact Fee ordinance, a copy of said application being attached hereto and incorporated by reference herein; and WHEREAS, the County Manager or his designee has reviewed the 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 WIIEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees. subject to satisfaction aoaK (J()()PAG{Jl!)~ - 1 - OR: 198.1 N: 2267 SEP 6 - .. of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact ree waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 94-~~at its regular meeting of SeDtember 1... 1994; and WHEREAS, 'the Impact Fee Ordinance requires that the 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 and 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 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 owned by a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his\her monthly payments to purchase the Dwelling {;..it are within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b, The Dwelling Unit shall be owned by a f~rst-time home buyer; " c. The Dwelling Unit shall be the homestead of owner; aaOK 000 PA!it 193 - 2 - OR: 198.1 N: 2268 SEP 6 - ~ 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 Unit; and e. OWNER is the owner of record of the Dwelling unit and owes impact fees in the total amount of $3,929,52 dollars pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee 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, 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 the 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 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 ot the lien, including, but not limited to, a release of lien. aoOK 000 pm 194 - 3 - SEP 6 - 11M M: .198.1 N: .1269 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of Bale 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 the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the 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 the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after 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 qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty PO) 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 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 aDaK OOOPAGr195 - 4 - OR: 198.1 J'(l: 227(1 SEP 6 - .. 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, 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 the statutory rate for judgments calcu~ated 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. OWNERS: / ~~L#i4 Jr. ~~~~~:fj1(, . .. ," -:DWIGHT. '~', ,~~bCK, Clerk .~ ;:' ~. ' ". - ,Q). t. f ~ .. :.,; ,',' .... /' .. " ',. '. . . ........ .. . / Approved ,as. to form and ''1~gii~ .~~\\fflc'iency lJ -' d Jet ~ ~ Assistant County Attorney &OOK 000 PAGE 196 - 5 - OR: 198.1 J'(l: 2271 SEP 6 - ,. STATE OF LlQ~ida COUNTY OF ~~ier Thenf~~g instrument was acknowledged before me this ~ day of , 199!, by Ernest N. Freeman, Jr. He is personally k own to me or produced Drivers License (type of identif iea tion) [NOTARIAL SEAL) o OTANY CAL BEVERLY HOWARD NO'TARY I'lJDlle STATE OF FLORIOA COMMISSION NO, C031668 C N p, OV,21 1997 CF CoA"yl122 Beverlv Howard Name of Acknowledger Typed, Printed or Stamped Customer Service ReDresentative II Title or Rank CC331668 serial Number, if any &JD<< CIllPmI97 - 6 - thn OR: 1983 N: 2272 thn ~ SEP 6 - .. EXHIBIT "A" Lot 4, Block 4, Palmetto Park, according to the plat thereof recorded in Plat Book 5, Page 4, of the Public Records of Collier County, Florida. ... cnJ1'ar.!1S8"