Resolution 1994-648
RESOLUTION NO. 94- 648
SEP 6 - ~
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA,
AUTHORIZING PAYMENT OF REGIONAL WATER SYSTEM
IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT
FEES, 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
BENJAMIN AND SILVIA G. TORRES ON LOT 10, BLOCK
5, NAPLES MANOR EXTENSION, NAPLES, FLORIDA.
WHEREAS, Collier County has recognized and attempted to
address the lack ot adequate and attordable housing tor moderate,
low, and very-low income households in the County and the need
tor 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 ot the Housing Element; and
WHEREAS, Collier County has received funding purs~ant to the
State Housing Initiatives Partnership Program set torth 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 tunding from the State
Housing Initiatives Partnership (SHIP) Program for waivers ot
Collier County impact fees; and
WHEREAS, Benjamin and Silvia G. Torres are seeking a waiver
of impact fees; and
WHEREAS, Benjamin and Silvia G. Torres will construct one
(1) three-bedroom unit (the "Dwelling Unit") on Lot 10, Block 5,
Naples Manor Extension, Naples, Florida which is proposed to sell
for Sixty Thousand Three Hundred and Seventy-Five Dollars
($60,375.00); and
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WHEREAS, the Dwelling unit will be owned by a very low
income household, and
WHEREAS, Benjamin and Silvia G. Torres, submitted to the
County Manager's Office an Affordable Housing Application dated
June 30, 1994 for a waiver of impact fees for the construction of
a house on Lot 10, Block 5, Naples Manor Extension, Naples,
Florida, a copy ot said application is on tile in the Housing and
Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Regional
Water system Impact Fee Ordinance, Ordinance No. 90-86, as
amended; Section 3.04 of the Regional Sewer system Impact Fee
Ordinance, Ordinance No. 90-87, as amended; 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, Benjamin and silvia G. Torres has qualified for an
impact fee waiver based upon the following representations made
by Benjamin and Silvia G. Torres:
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 detined 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.
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C. The Dwelling Unit shall be the Homestead ot the owner.
D. The Dwelling Unit shall remain affordable for fifteen
(15) years from the date the certiticate 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 tor waiver of
impact fees to Benjamin and Silvia G. Torres for one
(1) house which shall be constructed on Lot 10, Block
5, Naples Manor Extension, Naples, Collier County,
Florida.
2. Upon receipt by the Housing and Urban Development
Director of an agreement tor waiver signed by Benjamin
and Silvia G. Torres, 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 tollowing
amounts tor the one (1) house to be built on Lot 10,
Block 5, Naples Manor Extension, Naples, Florida by
Benjamin and Silvia G. Torres:
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
Water Impact Fee
D.
399.00
179.00
14.00
E.
F.
$ 1,778.00
900.00
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G.
Sewer Impact Fee
1,340.00
$ 6,169.52
Total Impact Fees
3. The payment of impact fee. by Collier County is subject
to the execution and recordation of an Affordable
Housing Agreement tor payment of Collier County Impact
Fees between the property owner and/or purchaser and
the County.
This Resolution adopted atter motion, second and majority
vote tavoring same.
DATED: 1fifti
I ~ J', .
Aorr:EST: ~.' ,
"bWIGHT:E. BROCK, Clerk
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APPfove~~a~'to form and
\..,~, legal :Sufficiency:
k1.ii-'iA j Jftt L-
Hffi F. Ashton-
Assistant county Attorney
CP CoAu)'IOIOI
aODK ()(J()PAGt~jl~
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letn:
CLlIl TO THI 10m
1ITIl0rml 5TI nOOI
lIT 1405
1185815.1 OR: 198.1 PO: 2279 tIC rn
mOIOID II th orneIlL molDS of COLLIII covm, n coms
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3],00
7.00
AGREEMENT FOR WAIVER OF
COLLIER COUNTY IMPACT FEES
SEP 6 - ~
This ^greement for the Waiver of Impact Fees entered into
this t4 day of SeDtember 1994, by and between the Board of
County Commissioners of Collier county, Florida, hereinafter
referred to as "COUNTY" and Benjamin and Silvia G. Torres
hereinafter referred to as "OWNER."
WIT N E SSE T H:
~IERE^S, Collier County Ordinance No. 90-86, as amended,
the Collier 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
as amended,
the Collier County Parks and
No.
88-96,
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
WHERE^S, 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
WHERE^S, 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
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WHEREAS, the impact tee waiver shall be prosented 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
WHEREAS, the COUNTY approved a waiver of impact fees for
OWNER embodied. in Resolution No. 94~ at its regular meeting
of SeDtember ~ 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 incdme 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. The Dwelling Unit shall be owned by a first-time
home buyer;
c. The Dwelling Unit shall be the homestead of
owner;
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impact
fee
waiver
qualification
criteria
OR: 1983 l't1: 2281
SEP 6 - 1M
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
$6.169.52 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 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 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
Agreem~ and t.heir
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respective heirs,
OR: 198.J J1G: .UIJ~
SEP 6 - 1M
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
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 ot 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
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OR: 198.1 N: 2283
SEP 6 - -
default is not cured within thirty (30) 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 enforced by the COUNTY by action or suit in equity as
for the foreclosure of a mortgage on real property. This
remedy is cum~lative 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
above written.
witnesses:
NOrLl1- !Z ~.~~~
Print Name
t&r'" 2o>p ~
pr nt Name_ '. J
~.!.' ~~~!J. J
i~~~ €
Pr ,t, Na~~ 6
DATED: :~~.4y
ATTEST: 7"y"
. DWIGHT"E',~.~R~CK, Clerk
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Approved"as to form and
legal sufficiency
OWNERS: \
.flJC?l\~Il\f \, ~'C)~l~:s.
Benjam n Torres
S"\V\G\ G ' To f (r~
Silvia G. Torres
COMMISSIONERS
, FLORIDA
~ du oj ~11Jl--
He d1 F. Ashton
Assistant County Attorney
aool( 000 pm 218
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011: J~ N: ,/,/81
SEP 6 - .
STATE OF (\ or. dr->.
COUNTY OF r_oll; ere..
The foregoing instrument was acknowledged before me this ,)~'~
day of \-\v..CU1"'\- , 199 , by Benjamin Torres. fie ~
personally known to me or produced . cr~ L,c('r,'..<:... (type of
identification) as identification.
(NOTARIAL SEAL)
Name of
seria
~.,......';"....,'I
T tle or Ra
C1tlDY l, ICEllEY
MY ClIN1SSDI , cc II320lI
FJem"..., 17, ,..
STATE OF (T~r;~~
COUNTY OF Co\l;('\('
The foregoing instrument was acknowledged before me this )(;~
day of (\\l.c\UIo \- , 199.:1., by Silvia G. Torres. She s
personally known to me or produced \~r:"r('~ 1-: C'fr". c.. (type of
identification) as identification.
[NOTARIAL SEAL]
CF CoAnylO14
T tle or Rank
CIHOY I~ ICEllEY
'. MY COIIIoIII:llIOl' cc IUlllI
1llPIO: ..., 17, I"
aoaK 000 "'...! 219
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~ OR: 1.98.1 N: 2285 ~~~
SEP 6 - t99't
EXHIBIT "A"
Lot 10, Block 5, Naples Manor Extension, according to
the plat thereof recorded in Plat Book 3, Page 101, of
the Public Records of Collier County, Florida.
aool( 000 PAC! 220