Resolution 2000-087
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RESOLUTION NO. 2000-~
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA
AUTHORIZING THE DEFERRAL OF LIBRARY
SYSTEM IMPACT FEES, CORRECTIONAL FACILITY
IMPACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES, ROAD IMPACT FEES,
SEWER IMP ACT FEES, EMERGENCY MEDICAL
SERVICES IMPACT FEES, AND EDUCATIONAL
FACILITIES SYSTEM IMPACT FEES FOR
WILD PINES OF NAPLES APARTMENTS, A 104 UNIT
AFFORDABLE RENTAL HOUSING PROJECT.
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 Collier 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; object 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, Wild Pines of Naples, Phase II, LTD. a Florida Limited Partnership, will
undertake the development of Wild Pines of Naples Apartments, a one hundred and four (104)
unit affordable rental housing community on a site located in Collier County, Florida, of
which Wild Pines of Naples, Phase II, LTD. is the owner; and
WHEREAS, on January 14, 2000 an application was filed with the County
Administrator for the deferral of Collier County impact fees for the Wild Pines of Naples
Apartment project consistent with the requirements of the County impact fee ordinances; and
WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee
Ordinance, Ordinance No. 99-52; Section 304 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 No. 3.04 of the Regional Water and
lor Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.05 of the
Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as
anlended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance,
Ordinance No. 92-33, as mended, an applicant may obtain a deferral of one hundred percent
(100%) of impact fees for a period of six (6) years by qualifying for said deferral; and
WHERIAS, Wild Pines of Naples Apartments has qualified for an impact fee
deferral based upon the following representations made by Wild Pines of Naples, Phase II,
LTD.
A. The Dwelling Unit shall be the permanent residence of the occupant/tenant.
B. The household renting the Dwelling Unit must have a very low or low income
level, at the commencement of the leasehold and duration thereof, as that term is
defined in the Appendices to the respective Impact Fee Ordinances and the
monthly rent must be within the affordable housing guidelines established in the
Appendices to the respective Impact Fee Ordinances.
C. The Dwelling Unit shall remain affordable for at least fifteen (15) years from the
date the certificate of occupancy was issued.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The Board of County Commissioners hereby authorized the deferral by Collier County of
the following impact fees in the amounts listed below for the one hundred and four (104)
affordable housing units to be developed by Wild Pines of Naples, Phase II, LTD. on the
Keller Entry Level site, R-90-6, as identified in Exhibits "A" and "B":
Each Unit 104 Units
A. Library System Impact Fees $ 180.52 $18,774.08
B. Road Impact Fees 952.00 99,008.00
C. Parks &Recreation Impact Fees: 820.84 88,367.36
D. Correctional Facilities Impact Fees: 117.98 12,269.92
E. Emergency Services Impact Fees 2.00 208.00
E. School Impact Fees 827.00 86,008.00
F. Sewer Impact Fees 1,575.00 163,800.00
G. City of Naples Water Impact Fees 870.00 90,480.00
Total Impact Fees to be Deferred $5,345.34 $555,915.36
, ' .... 16A4
2. Deferral of said impact fees is subject to and contingent upon execution and recordation of
an Agreement for Deferral of Collier County Impact Fees which shall be entered into
between the applicant and County.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
~ATTEST:
Dwight E. ~Brock, Clerk BOARD OUNTY COMMISSIONERS
· .:-: COL R COUNTY, O DA
' I By: , Chairman
A'~test" as to Chatman 'S
signature
Approved as to form
and 1 gal sufficiency,:
iqeidi F'T.:Adhtlin
Assistant County Attorney
j d/c/wildpines/reso
2614737 OR: 2658 PG: 1140.c., ,.so
COPIH 8. O0
CL~RK TO TH BOARD RRCORDRD in the O~fiClAL RBCORDS of COLLIRR COUNTY, ~L
INT~ROF[ICB ~TB FLOOR 04/03/2000 at 10:00aM DWIGHT S. BROCK, CLRRK
SXT 7240
This Agreement for the Deferral of Impact Fees entered into this a~-fl., of '7h~
2000 by and between the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as "COUNTY" and Wild Pines of Naples, Phase II, LTD., hereinafter referred to as
"OWNER".
WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact
Fee; Collier County Ordinance No. 88-97, as mended, 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. 98-69, as amended, the Regional Water and/or Sewer System 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 deferrals of
impact fees for new owner-occupied dwelling units qualifying as affordable housing; and
WHEREAS, Wild Pines of Naples, Phase II, LTD. is the duly authorized agent with
Alexander W. Nicholson, Jr. as its General Partner; and
WHEREAS, Wild Pines of Naples, Phase II, LTD. has applied for a deferral of impact
fees as required by the Impact Fee Ordinance, a copy of said application is on file in the 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
deferral; of impact fees as established in the Impact Fee Ordinance; and
OR: 2658 PG: 1141
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WHEREAS, the impact fee 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 deferral; and
WHEREAS, the COUNTY approved a deferral of impact fees in the amount of Five
Hundred Fifty Five Thousand Nine Hundred Fifteen Dollars and 36/100 ($555,915.36) for six
years from date of deferred impact fees for Wild Pines of Naples Apartments embodied in
Resolution No~at its regular meeting of "7~~,~8 2tgt~ and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, TBEREFORE, 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 units (the
"Dwelling Unit") is attached hereto as Exhibit "A" and the site plan as Exhibit "B" and
incorporated by reference herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain affordable and shall
be offered for rent in accordance with the standards set forth in the appendix to the Impact Fee
Ordinance for a minimum of fifteen (15) years commencing from the date a 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 the permanent residence of the occupant/tenant.
b. The household renting the Dwelling Unit must have a very low or low income level,
at the commencement of the leasehold and duration thereof, as that term is defined in
the Appendices to the respective Impact Fee Ordinances and the monthly rent must
be within the affordable housing guidelines established in the Appendices to the
2
OR: 2658 PG: 1142
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respective Impact Fee Ordinances.
c. The Dwelling Unit shall remain affordable for at least fifteen (15) years from the date
the certificate of occupancy was issued.
5. SUBSEQUENT RENTAL OR TRANSFER. If OWNER rents the Dwelling Unit
subject to the impact fee deferral to a subsequent renter, the Dwelling Unit shall be rented only to
households meeting the criteria set forth in the Impact Fee Ordinance. The impact fees deferred
shall be immediately repaid to the COUNTY upon the discontinuance of use of the Dwelling
Unit as affordable housing, or six years from the date such impact fees are deferred, whichever
occurs first. OWNER agrees that even though the impact fees have been repaid to the
COUNTY, the OWNER will utilize the Dwelling Unit for affordable housing for at least fifteen
(15) years from the date the certificate of occupancy was issued for the Dwelling Unit.
6. 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.
7. ANNUAL REPORT. Annually, the OWNER of the Dwelling Unit shall provide to
the Housing and Urban Improvement Department with an affidavit of compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
Said affidavit must be filed within thirty (30) days of the anniversary date of the issuance of the
certificate of occupancy. If the income of any unit renter which originally qualified as very low
or low income level as defined in the respective Appendix to the Impact Fee Ordinance increases
by more than forty percent (40%) above the low income level described in the appendix, then the
per unit deferred impact fee on the non-compliance unit shall become immediately due and
payable by OWNER or, in the alternative, the OWNER shall have ninety (90) days to comply
with the Affordable Housing guidelines set forth in the respective Appendices.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements,
and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing such payment, including but not
limited to, a release of lien.
3
OR: 2658 PG: 114]
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9. BINDING EFFECT. This Agreemere shall be binding upon the parties to this
Agreement, their heirs, 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 deferred until said
impact fees are paid in full.
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 Chainnan of the Board of County Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER
fails to rent the property 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 notice 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 violation. However, with respect to the Annual Report, OWNER shall
not be in default of this Agreemere until a fifteen (15) day grace period from the due date of the
report has lapsed in the event the OWNER is in default.
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 deferred shall be paid in full by OWNER
within thirty (30) days of said non-compliance. OWNER agrees that the impact fees deferred
shall constitute a lien on the property commencing on the effective date of this agreement and
continuing until paid. Such lien shall be superior and paramount to the interest in the Dwelling
Unit of any owner, lessee, tenant, mortgages, 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 the
OWNER, the Board may bring a civil action to enforce the 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
4
OR: 2658 PG: 1144
remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs,
including attorney' s fees, 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 deferral of Impact
Fees on the date and year first above written.
(2) Witnesses: OWNER:
/~/~/"~_~. Wild Pines of Naples, Phase II, LTD.
By: Nicholson Limited Partnership, a Colorado
Print Name ~______--tYF4,'~ld' '~,~'5,~i Limited Partnership
' ' J Its G2neral Paine
Print Nine U~i:,, ~/~ 8 ~
(CO~O~TE SEAL)
.- COUNTY:
-' DATED:
.~ ATTEST: BOARD OF C Y COMMISSIONERS
st 'as to Cha l~a~ '1 y ~tine, Chai~
e a su
Heidi F. Ashton
Assistant Co~ty Attorney
OR: 2658 PG:
16
j d/c/wi ldpines/agreement
STATE OF FLORIDA
COUNTY OF C~/~ /
The foregoing instrument was acknowledged before me this t'~ day of/??,4-re ~ ,
2000 by Alexander W. Nicholson, Jr., General Partner of Wild Pines of Naples, Phase II, LTD.
behalf of the Owners. He is personally known to me, ff ,',,as pr,~duceA
S~rf~ture of person taking acli, n~;wle~ent
Name of Acknowledger Typed, Printed or Stamped
jd/c/wildpines/agreement
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DESCRIPTION
PARCEL "A"
LOT 30
NAPLES GROVES AND TRUCK CO'S LI'FI'LE FARMS NO.
AS RECORDED IN PLAT BOOK 1 PAGE 27 "
'.
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LESS THE: EAST 25 FEg:T FOR ROAD RIGHT-OF-WAY PURPOSES.
AND
LOTS ,4-, 5 &: 20, BLOCK 1, BURDALE
AS RECORDED IN PLAT BOOK 4, PAGE 2
PUBLIC RECORDS OF COLLIER COUN1Y, FLOR1DA.
LESS PARCELS B AND C, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
PARCEL '° El"
BEGINNING AT THE NORTHEAST CORNER OF LOT 30
. NAPLES GROVES AND TRUCK CO'S. LITI'LE FARMS o
NO. 2; THENCE RUN S O' 28' 20" E 529,45
FEET; THENCE S 69' 28' 40" W 179.90 FEET; ''
THENCE N O' 28' 20 .... W ,.~29.67 FEET; THENCE
N 89' 33' 27" E 179,90 FEET TO THE POINT u..,
OF ElEGINNING.
AND
PARCEL "C"
BEGINNING AT THE NORTHWEST CORNER-OF LOT 30
NAPLES GROVES AND TRUCK CO'S, LITTLE FARMS
hO. 2; THENCE RUN N 89' 33' 27" E 611.96
FEET; THENCE S O' 28' 20" E 170,00 FEET;
THENCE S 89' 31' 40" W 392,10 FEET;. THENCE
S O' 28' 20" E 160,88 FEET; THENCE S 89' 28'
4(:/' W 221.70 FEET; THENCE N O' 13° 50" W
331.44 FEET TO THE POINT OF 8FGINNING.
Subject Legal DesCription; per sttrvey
(proposed mortgaged property)
*** OR: 2658 PG: 1147
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EXHIBIT "B" - Site Plan
WILD PINES OF NAPLES