Resolution 2000-003
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RESOLUTION NO. 2000-~
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, AUTHORIZING 50% WAIVER 50%
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 CARLOS M. LOPEZ, AT 3047 54th STREET S.W.,
GOLDEN GATE CITY, IN 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, Carlos M. Lopez is seeking a 50% waiver/50% deferral of impact fees; and
WHEREAS, Carlos M. Lopez will construct a three bedroom unit (the "Dwelling Unit") at
3047 54th Street, S. W., Golden Gate City, Collier County, Florida; which is proposed to sell for
EIGHTY FOUR THOUSAND SIX HUNDRED AND FOUR DOLLARS ($84,604.00), and
WHEREAS, the Dwelling Unit will be owned by a low income household, and
WHEREAS, Carlos M. Lopez submitted to the office of the Housing and Urban Improvement
Department an Affordable Housing Application dated August 24, 1999 for a 50% waiver/50% deferral
of impact fees for the construction of a house at 3047 54th Street, S. W., in 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 4.05 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 Fee Ordinance,
Ordinance No. 91-71, as amended; Section 3.05 of the Educational Facilities System Impact Fee
Ordinance, Ordinance No. 92-33; an applicant may obtain a 50% waiver/50% deferral of impact fees
by qualifying for a waiver/deferral; and
WHEREAS, Carlos M. Lopez has qualified for an impact fee waiver/deferral based upon the
following representations made by Carlos M. Lopez:
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.
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.
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 50 % waiver/50% deferral of impact fees to Carlos M. Lopez for one (1)
house which shall be constructed at 3047 54th Street, S. W., in Collier County, Florida.
Upon receipt by the Housing and Urban Improvement Director of an agreement for 50%
waiver/50% deferral of impact fees signed by Carlos M. Lopez, 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 3047 54th
Street, S. W., in Collier County, Florida by Carlos M. Lopez:
Fo
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fees: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee
Correctional Facilities Impact Fee
Total Impact Fees
1,778.00
117.98
$ 4,290.34
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.
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This Resolution adopted after motion, second and majority vote favoring same.
DATED: ,JAN 1 1 ~000
ATTEST:
· DWIGHTE. BROCK, Clerk
Attest as',-~'. Ch&~rm~n $
s ~.atureo0l.,y.~
Approved as..to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B/~RMAN
jd/c/reso/lopez
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EXHIBIT "A"
LEGAL DESCRIPTION
CARLOS M. LOPEZ RESIDENCE
LOT 14, BLOCK 232 IN GOLDEN GATE CITY, UNIT 7, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGES
135-146, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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WAY
Al.I. AM~'PJcA~ ~OMES, INC.
tO~ 14,
O~9~ctr:~ SERt~CES & OE~N,
CLERK TO THE BOARD
IN?IRO~HCE 4TH FLOOR
EXT 7240
2580789 OR: 2630 PG: 2569
RECORDED in the OPFICIAL RECORDS of COLLIER COUNTY, FL COPIES 8.00
01/13/2000at 08:47AMDWIGHTE. BROCK, CLERK
AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this/P/l~day of
__, 2000 by and between the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as "COUNTY" and CARLOS M. LOPEZ, hereinafter
referred to as "OWNER."
WITNE S SETH:
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 County Ordinance
No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee
Ordinance; and Collier County Ordinance No. 98-69, 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 50% waiver/50% 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 50%
waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver/deferral 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/deferral and
OR: 2630 PG: 2570
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WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER
embodied in Resolution No. 2000-0 .~
WHEREAS, the Impact Fee
Agreement with the COUNTY.
__ at its regular meeting of ~// , 2000; and
Ordinance requires that the OWNER enter into an
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 warrants the
following:
a.
Owner maintains a household with a 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;
Owner is a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
OR: 2630 PG: 2571
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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 $4,290.34 pursuant to the Impact Fee
Ordinance. In return for the 50% waiver/50% deferral 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/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 waived/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
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OR:
2630 PG: 2572
upon payment of the waived impact fees, and upon payment of the deferred 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.
BINDING EFFECT.
Agreement and their
9. This Agreement shall be binding upon the parties to this
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/deferred 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/deferred
shall be paid in full by OWNER within 30 days of said non-compliance. OWNER
agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling
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OR: 2630 PG: 2573
Unit commencing on the effective date of this Agreement and continuing until repaid.
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 fight 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: OWNER:
Print~ame ~-4~x't%e {'~,~r-k. Carlos M. Lopez" -'
/1/rift Nam e~'~ r~q'' '-- -]304J'gr5 ~
COUNTY OF ,/~ )
The foregoing instrument was acknowledged before me this
1999, by Carlos M. Lopez. He is personally known to me
of_identification) ~q i~.
5
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DATED: JAN '~ 1 ~000
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal SUfficiency
I-lYeidi FFAsht~n ' '
Assistant County Attorney
BOARD OF COUNTY COMISSIONERS
COLLIER COUNTY, FLORIDA
BY:t/~, A~
j d/c/agreements/lopez
6
OR'
EXHIBIT ~A'
LEGAL DISCRIPTION
CARLOS M. LOPEZ
LOT 14, BLOCK 232 IN GOLDEN GATE CITY, UNIT 7, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGES 135-146,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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