Resolution 2000-041
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A3
RESOLUTION NO. 2000--.-U.-
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER AND/OR
SEWER SYSTEM IMP ACT FEES, REGIONAL SEWER SYSTEM IMP ACT FEES,
LIBRARY SYSTEM IMPACT FEES, PARKS IMPACT FEES, ROAD IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES
SYSTEM IMPACT FEES AND CORRECTIONAL FACILITIES IMPACT FEES FOR
ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC., ON LOT 33, BLOCK 7, NAPLES MANOR LAKES,
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 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 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, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 33, Block 7, Naples Manor Lakes which is proposed to sell for Fifty-Two Thousand Five
Hundred Dollars ($52,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a
minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and
WHEREAS, Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc., submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated December 3, 1999 for a
waiver of impact fees for the construction of a house on Lot 33, Block 7 Naples Manor Lakes, 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 Regional Water andlor Sewer Systems Impact Fee
Ordinance, Ordinance No. 98-69; 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, as amended; Section 3.04 of the Correctional Facilities Impace
Fee Ordinance, Ordinance No. 99-52, an applicant may obtain a waiver of impact fees by qualifying for a waiver; and
WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon
the following representations made by Habitat for Humanity of Collier County, Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold to 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.
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 Administrator to issue an
Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 33, Block 7 Naples Manor Lakes, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, 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 33, Block 7
Naples Manor Lakes by Habitat for Humanity of Collier County, Inc.:
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 Fee1,778.00
F. Water Impact Fee 1,275.00
G. Sewer Impact Fee $1,575.00
H. Correctional Facilities Impact Fee117.98
TOTAL IMPACT FEES $7,140.34
The payment of impact fees by Collier County is subject to the execution and recordation of an
agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser
and the County.
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This Resolution adopted after motion, second and majority vote favoring same.
DATED: '~-~' ~, ~
ATTEST: .,
D.W, IG~T,, F,i :BROCK; 'Clerk
· ' C'
Appfrovcd'as to'form'and
legal' ~uff, l,C,!,e,n. gy;.."
Assistant County Attorney
BOARD OF C_/OEfNTY COMMISSIONERS
~O~L~U~.TY, ~LO~ID^
By: (,]11~.~.,/[~ //~'.q.a.'
TIMO~~T~Nt~, CHAIRMAN
jd/g/Naples Manor Lakes/reso
3
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 33 OF BLOCK 7, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
4
ALL l',.4E,"..i ~'~'
PRE SE-'"4 T .S ........ ~o
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
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This Agreement for the Waiver of Impact Fees entered into this~ay of"~. 2000, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water
and/or Sewer Systems Impact Fee Ordinance; 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.
99-52, the Collier County Correctional Facilities 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 on file in the office of Housing and Urban
d
Improvement; an
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 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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WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 2000- 1,4[ at its regular meeting of ~~.~_f OO , 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 are 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:
Do
eo
The Dwelling Unit shall be sold to 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 Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
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
OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $7,140.34 pursuant to the Impact Fee
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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 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 fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
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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
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 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 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:
OWNERS:
HABITAT FOR ...~./HUMANITY OF
COLLIER C(~'TY~..~../'
....
Samuel J. ~fiaf'so, M.D., President
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OR:
2640
PG: 1112
16
STATE OF Florida )
COUNTY OF Collier .)
The foregoing instrument was acknowledged before me this ~=,~o day
by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier Countef44nc. He i~)drsonally
known to me.
[NOTARIAL SEAL]
Name of Acknowledger Typed, Printed or Stamped
DATED:
ATTEST: ,'Q~-'~, ~
D~'IGHT,E. BROCK, Clerk
: .~ ',. Attest as to:C~a~rman's
'..'~ '-signature only.'
. Approved as m fo~ and
'Itel suffiOicncy
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLL~TY, FLORIDA
By: ~g ~ ?~~..
CHAIRMAN
jd/g/naples manor addn/agree
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OR'
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 33, BLOCK 7, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
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16 ~
OR: 2640 PG: 1114 *~