Resolution 1994-646
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RESOLUTION NO. 94- 646
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA,
AUTHORIZING PAYMENT OF LIBRARY SYSTEM IMPACT
FEES, PARKS AND RECREATIONAL FACILITIES IMPACT
FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES SYSTEM IMPACT FEES AND EDUCATIONAL
FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO
BE CONSTRUCTED BY JOAN QUINN ON TRACT 20,
GOLDEN GATE ESTATES, UNIT 8~ NAPLES, FLORIDA.
WHEREAS, Collier County has recognized and attempted to
address the lack of 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 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. sea., Florida Statutes and Chapter 91-37,
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 fees; and
WHEREAS, Joan Quinn is seeking a waiver of impact fees; and
WHEREAS, Joan Quinn will construct one (1) one-bedroom unit
(the "Dwelling Unit") on Tract 20, Golden Gate Estates, Unit 8,
Naples, Florida which is proposed to sell for Thirty-Five
Thousand Six Hundred Dollars ($35,600.00); and
WHEREAS, the Dwelling Unit will be owned by a very low
income household, and
WHEREAS, Joan Quinn, submitted to the County Manager's
Office an Affordable Housing Application dated June 30, 1994 for
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a waiver of impact fees for the construction of a house on Tract
20, Golden Gate Estates, Unit 8, Naples, Florida, a copy of said
application is on file in the Housing and Urban Improvement
Department; and
WHEREAS, in accordance with 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, aa amended;
Section 3.04 of the Emergency Medicp.l 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, Joan Quinn has qualified for an impact fee waiver
based upon the following representations made by Joan Quinn:
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
(1S) years from the date the certificate of occupancy
is issued.
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 Joan Quinn for one (1) house which shall
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be constructed on Tract 20, Golden Gate Estates,
Unit 8, Naples, Collier County, Florida.
2. Upon receipt by the Housing and Urban Development
Director of an agreement for waiver signed by Joan
Quinn, 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 Tract 20, Golden Gate Estates,
Unit 8, Naples, Florida by Joan Quinn:
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
399.00
179.00
D.
EMS Impact Fee
14 . 00
E. Educational Facilities System
Impact Fee
$ 1,778.00
Total Impact Fees
$ 3,929.52
3. The payment 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 after motion, second and majority
vote favoring samo.
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. :'ATTEST; ':' ':'
. ; DWIGHT E. BR6cK, Clerk
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Approved as to form and
legal sufficiency:
~I .:J tk~,-,L-
He d F. Ashton
Assistant County Attorney
CP CoAll710119
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mORDID ID lbe omcm mORDS of COLLIIR coom, lL coms
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AGREEMENT FOR WAIVER OF
COLLIER COUNTY IMPACT FEES
SEP 6 - 8
This Agreement for the Waiver of Impact Fees entered into
/I~
this ..!!.- day of September 1994, by and between the Board of
County commissioners of Collier County, Florida, hereinafter
referred to as "COUNTY" and Joan Quinn 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 units 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 .
WHEREAS, the impact fee waiver shall be presented in lieu
of payment of the 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
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21.50
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OR: 1J16.1 PO: 221#
WHEREAS, the COUNTY approved a waiver of impact fees for
OWNER embodied in Resolution No. 94-~at its regular meeting
of Seotember ~ 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. Owner maintains a household with a very low
income as defined in the appendices to the
Impact Fee Ordinance and the monthly payments to
purchase the Dwelling Unit must be within the
affordable housing guidelines established in the
appendices to the Impact Fee ordinance;
b. Owner is a first-time home buyer;
c. The Dwelling Unit shall be the homestead of
owner;
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
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impact
fee
waiver
qualification
criteria
011: 1H.1 J1(J: 2275
SEP 6 - 199ft
$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
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
or renter, 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 dnte 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 of the lien, including, but not limited to, a
release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon
the parties to this ^greQment and their respective heirs,
personal representatives, successors and assigns. In the 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 the conditions set forth
in the Impact Fee Ordinance are satisfied. In addition, this
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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 (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 of this Agreement, the impact fees waived shall be
paid in full by OWNER within 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 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 thirty PO) days after written
notice to OWNER, the Board may bring civil action to enforce
this Agreement.
In addition, the lien may be foreclosed or
otherwise enforcod by tho COUNTY by action or suit in equity as
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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
attorney's fees, incurred by the Board in enforcing this
Agreement, plus interest at the statutory rate for judgments
calculated 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
abovj! written.
OWNERS:~ '
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J n Qu n
DATED! f.~;/;~ .
AT1Sb.W {If"( .
-DWIGHT' E,. ItROCK, Clerk
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Approved as to form and
. .legal sUfficiency
"''['1. ~'~~') 'JYkL-
Hfflf F. ~sh~on
Assistant County Attorney
STATE OF r/O(i Ja.
COUNTY OF CD II ieR
nstrument was acknowledged before me this P:3
, 199~, by Joan Quinn. She is -----
to me or produced -'t)r,\HRS Li' LPY1<;e,.. (type of
as identification.
[NOTARIAL SEAL)
OHICIAL NAY
BEVERLY HOWARD
NOTARY MJILIC 5T A T1i OF FLORIDA
COMMISSION NO. C03I663
MY COMMISSION EXP. NOv. 211997
or Stamped
CCs??-lto"~
Soria I Numbor, ~f any
CF CoAny/120
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EXIIIBIT "A"
^ll o[ Tract 20, Golden Gate Estates, unit No.8,
according to the map or plat thereof recorded in Plat
Book 3, Pages 97-98 of the Public Records of Collier
county, Florida.
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