Resolution 2000-002
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RESOLUTION NO. 2000-~
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING A 75% DEFERRAL OF CORRECTIONAL
FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND
RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL
FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE
CONSTRUCTED BY HENRIETTA EIMERS AT 3418 WESTCLOX STREET, IN
IMMOKALEE, COLLIER COUNTY, 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 lA, 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 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, Henrietta Eimers is seeking a 75% deferral of impact fees; and
WHEREAS, Henrietta Eimers will construct a two (2) bedroom unit (the "Dwelling Unit") at
3418 Westclox Street in Immokalee, Collier County, Florida; which is proposed to sell for Eighty
Thousand Dollars ($80,000.00), and
WHEREAS, the Dwelling Unit will be owned by a moderate income household, and
WHEREAS, Henrietta Eimers submitted to the office of the Housing and Urban
Improvement Department an Affordable Housing Application dated November 5, 1999 for a 75%
deferral of impact fees for the construction of a house at 3418 Westclox Street, Immokalee, Collier
County, 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 Correctional Facilities Impact Fee
Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance,
Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee
Ordinance, Ordinance No. 99-39; 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 Fce Ordinance,
Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fcc
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Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a 75% deferral of impact fees
by qualifying for a deferral; and
WHEREAS, Henrietta Eimers has qualified for a 75% deferral of impact fees based upon
the following representations made by Henrietta Eimers:
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 moderate 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.
The Dwelling Unit shall be the Homestead of the owner.
The Dwelling Unit shall remain affordable for fifteen (15) years from the date the
Co
D.
certificate of occupancy is issued.
NOW, THEREFORE, BE IT RESOLVED BY THE
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1.
BOARD OF COUNTY
The Board of County Commissioners hereby authorizes the County Administrator to
issue an Authorization for 75% deferral of impact fees to Henrietta Eimers for one (1)
house which shall be constructed at 3418 Westclox Street, Immokalee, Collier County,
Florida.
Upon receipt by the Housing and Urban Improvement Director of an agreement for
deferral signed by Henrietta Eimers, 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 at 3418
Westclox Street, Immokalee, Collier County, Florida by Henrietta Eimers:
Total Impact Fee 75% Deferral
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee
Correctional Facilities Impact Fee
Total Impact Fees
$ 135.39
1,034.25
615.63
10.50
1,778.00
117.98
$ 4,290.34
1,333.50
88.48
$3,217.75
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16 ,2
o
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.
Based on industry standards the financial industry has demonstrated that a
subordination of the County's rights, interests and lien to the first mortgage loan to the
Owner is necessary to obtain financing to purchase the dwelling unit.
This Resolution adopted after motion, second and majority vote favoring same.
, .~:~TED: JAN 1 I 2000
. !";'?~~T:E. BROCK, Clerk
stgnat, ur~ on l,v,
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER_COUNTY, FLORIDA /~ _
B
jd/c/impfees/eimers
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1_6A2
EXHIBIT 'A'
LEGAL DISCRIPTION
HENRIETTA EIMERS RESIDENCE
BEGIN AT POINT 520 FT, WEST OF SOUTHEAST
CORNER OF SOUTHWEST lA OF SOUTHEAST ¼ OF
SECTION 30, TOWNSHIP 46 SOUTH, RANGE 29
EAST, RUN THENCE NORTH 660 FT., WEST 130
FT., SOUTH 660 FT, EAST 130 FT TO POINT OF
BEGINNING, 2 ACRES, ACCORDING TO THE
DEED RECORDED IN OFFICIAL RECORDS BOOK
194, PAGE 726, IN THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
-4-
16A2
~O~d
Rein: 2580790 OR: 2630 PG: 2577 ,~c~ ~.oo
c~,~ ~o ~ ~o~ ~co~ ~ t~ o.~c~ ~co~ o~ co~ co~m, ~_ ~o~. ~ ~.oo
INTBROFHCB 4TH FLOOR 01/13/2000 at 08:52AR DWIGHT B, BROCK, CLERK
BXT 72~0
AGREEMENT FOR 75% DEFERRAL OF COLLIER COUNTY IMPACT FEES
This Agreement for the 75% Deferral of Impact Fees entered into this//a~g, day of
2000 by and between the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as "COUNTY" and Henrietta Eimers, hereinafter referred
to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee;
Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee
Ordinance; Collier County Ordinance No. 99-39, 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 Cotmty Ordinance
No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and the 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 75% deferral of impact fees as required by the
Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban
Improvement Department; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing 75%
deferral 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 deferral and
OR: 2630 PG: 2578
16A2
WHEREAS, the COUNTY approved a 75% deferral of impact fees for OWNER embodied in
Resolution No. 2000-t~,~ at its regular meeting of _~',-,, // ,2000; 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") and site plan 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 wan'ants the
following:
a.
Owner maintains a household with a moderate 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;
Owner is a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
2
OR: 2630 PG: 2579
16 A2"
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 $3,217.75 pursuant to the Impact Fee
Ordinance. In return for the 75% deferral of the impact fees owed by
OWNER, OWNER covenants and agrees to comply with the affordable
housing impact fee deferral qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee deferral 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, except for
waived impact fees if the dwelling unit has been used for affordable housing for a
continuous period of fifteen years after the date the certificate of occupancy is issued.
7. LIEN. The deferred impact fees shall be a lien upon the property which lien may be
foreclosed upon in the event of non-compliance with the requirements of this
Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights,
interests and lien arising under this Agreement shall be made junior, inferior and
subordinate to the first mortgage loan to OWNER.
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 deferred impact fees, and upon payment of the deferred impact
OR: 2630 PG: 2580
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
Agreement 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 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 within 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 thirty (30) 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 deferred shall constitute a lien on the Dwelling Unit commencing on
the effective date of this Agreement and continuing until repaid.
4
OR: 2630 PG: 2581
Except as set forth in Section 7, 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 (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 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/Deferral of Impact Fees on the date and year first above written.
Witnesses:
P"ff~t I'(ame ~,.r,~...,,~ ~,'~_~/7o
COUNTY OF- _~___.~.'~-~.- )
Henrietta Eime~s '
The foregoing instrument was acknowledged before me this
1999, by Henrietta Eimers. She is personally known to me ~-
id~atifqeat4on~a~identif~atiorr.
[NOTARIAL SEAL]
__ day of /LPC~'z~~,
.(type_of
e of Person Taking Acknowledgment
5 ~-8~-3-NOTARY Fla No~ S~i~ ~in[C~
OR: 2630 PG: 2582
16A2'
DATED: JAN 1 1 2000
ATTEST'.:
DWIGH,T'I~ BROCK, Clerk
: ,, - ·.
Approved as to fo~ and
legal sufficiency
~iffi~ Xshton ' '
Assistant County Attorney
BOARD OF COUNTY COMISSIONERS
, CH/~RMAN
jd/c/impfee/eimers
6
OR: 2630 PG: 2583
EXHIBIT 'A'
LEGAL DISCRIPTION
HENRIETTA EIMERS RESIDENCE
BEGIN AT POINT 520 FT, WEST OF SOUTHEAST CORNER OF
SOUTHWEST ~A OF SOUTHEAST ¼ OF SECTION 30, TOWNSHIP 46
SOUTH, RANGE 29 EAST, RUN THENCE NORTH 660 FT., WEST 130 FT.,
SOUTH 660 FT, EAST 130 FT TO POINT OF BEGINNING, 2 ACRES,
ACCORDING TO THE DEED RECORDED IN OFFICIAL RECORDS BOOK
194, PAGE 726, IN THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
7
OR' ~30 PG' 2584
UNIVERSITY OF
FLORIDA
Cooperative Extension Service
Institute of Food and Agricultural Sciences
TO:
FROM:
Comae Giblin "'
Collier County Housing and Urban Improvement
Bonnie Fauls C~4~~
Collier County University Extension
DATE: October 29, 1999
Impact Fee Waiver/Deferral
Collier County
14700 Immokalee Rd
Naples, FL 34120
Tel. (941) 3534244
SUN 974-5098
FAX (941) 353-7127
In regard to our conversation earlier this week about the Impact Fee
Waiver/Deferral program, I am writing to ask that the County Attorney's Office
reconsider their recommendation that banks take the second position on these
loans. None of the 11 member banks of the Collier County Loan Consortium are
willing to provide financing in these cases where they are asked to take the second
mortgage position behind the County. It is accepted practice in other similar
programs around the state that the county goes second to the bank.
Typically through our program, the banks are providing 97% loan to value and
simply cannot consider financing if they are asked to take the second position.
They have too much invested. If you need further information on this topic or
would like to talk directly to any of the bank representatives please let me know
how I can help you. Thank you for your support in this matter.
The l~stitute of Food and Agricultural 5ciencc~ is an Bqual Employment O1Dportunlty - Affirmative Action Iimployer authorized ~o provide tuscan:h, educational
i.,xfonnnation and c~h~r gervle~a o~ly to individus~ ~d i~tlm~n~ that function without ~gmd to ma~, color, ~ex, ~e, hafld~p or nn~ional origin,
C~PE~I~E EXIENSION WORK iN AG~L~RE, FAMILY A~D CO~UMER ~I~NC~, SEA G~NT AND 4-H YOUTH, STATE OF FLO~DA, IFA$,
~IVE~I~ OF F~RIDA. U.S. DEPAR~ENI OF AG~CUL~RE, AND BOAR~ ~ CO~ COMMI$~IONER~ C~PERATING