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Resolution 2000-185 16 All 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 RECREA TIONAL FACIUTIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY BENJAMIN AND IRIS SANCHEZ AT 170 GOLDEN GATE BL VD., IN NAPLES, 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, ColIier 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 ColIier 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, Benjamin and Iris Sanchez is seeking a 75% deferral of impact fees; and WHEREAS, Benjamin and Iris Sanchez will construct a three (3) bedroom unit (the "Dwelling Unit") at 170 Golden Gate Blvd., in Naples, Collier County, Florida; which is proposed to sell for One Hundred Four Thousand Nine Hundred and Eight Dollars and 80/100 ($104,908.80), and WHEREAS, the Dwelling Unit will be owned by a low income household, and WHEREAS, Benjamin and Iris Sanchez submitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated May 5, 2000 for a 75% deferral of impact fees for the construction of a house at 170 Golden Gate Blvd., Naples, 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 Fee Ordinance, Ordinance No. 9]-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 75% deferral of impact fees by qualifying for a deferral; and - ] - ,f D. certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. WHEREAS, Benjamin and Iris Sanchez have qualified for a 75% deferral of impact fees based upon the following representations made by Benjamin and Iris Sanchez: 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 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. The Dwelling Unit shall be the Homestead of the owner. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the BOARD OF COUNTY The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for 75% deferral of impact fees to Benjamin and Iris Sanchez for one (1) house which shall be constructed at 170 Golden Gate Blvd., Naples, Collier County, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for deferral signed by Benjamin and Iris Sanchez, 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 170 Golden Gate Blvd. Naples, Collier County, Florida by Benjamin and Iris Sanchez: Total Impact Fee 75% Deferral A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,825.00 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 1,368.75 615.63 10.50 1,778.00 1,333.50 117.98 88.48 $ 4,736.34 $3,552.25 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. -2- 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. DWIGHT E:::.BROCK, Clerk Deputy Clerk ~ttest as to Chai~.8 slga~ture only, Approved as to fo~ and legal sufficiency: Thotn'~s C. P~er Assistant County Attorney BOARD OF CO~12~-OM4MISSIONERS COLLIER ~.Or:INTY, FLORIDA By: ,/~.~/~. ,~ Z~,. ~'~- TIM T~,~Y J. CON~NTI~ CHAImAN -3- 16All EXHIBIT 'A' LEGAL DISCRIPTION BENJAMIN AND IRIS SANCHEZ RESIDENCE THE EAST 75 FEET OF THE WEST 150 FEET OF TRACT 20, GOLDEN GATE ESTATES UNIT NO. 13, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 72, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -4- 01:48 9414179111 PAGE 03/08 ,':All 2656480 OR: 2692 PG: 3319 RECORDBD in the OPPICIAL RECORDS of COLLIER COUNTY, PL 06/30/2000 at 08:49AM DNIGHT E, BROCK, CLERK Retn: REC nE 37.5o CLERK TO THE BOARD COPIES 8.00 INTEROFFICE4TH FLOOR EX? 7240 AGREEMENT FOR 75% DEFERRAL OF COLLIER COUNTY ]~PACT FEES Th~s Agreement for ~he 7S% Defe~al of Impac~ Fees entered into this~ day of ~ , 2000 by ~d between ~he Board of County Commissioners of Collier County, Florida, hereinafter refe~ed ~o as "CO~TY" ~d Benjamin ~d ]r~s S~chez, hereinafter refe~ed to as "O~ER." WITNESSETH: WHE~AS, Collier County Ordinance No. 99-S2, the Co~ecfiona~ Facilities Impac~ Fee; Collier County Ordinate No. 88-97, as amended, ~he Collier County L~bra~ System Impac~ Fee Ord~n~ce; Collier County Ordin~ce No. 99-39, ~he Collier Coumy P~ks ~d Recreational Facilities Impac~ Fee Ordinance; Collier Coumy Ordinance No. 9]-71, as amended, ~he Collier County Emergency Medical Se~ices System Impact Fee Ordinance; Collier CounV Ordinance No. 92-22, as ~ended, ~he Collier Coumy Road Impact Fee Ordin~ce; ~d ~he Collier County Ord~n~ce No. 92-33, as ~ended, ~he Collier Coumy Educational Facilities System Impact Fee Ordinate; as they may be f~her ~ended ~om time ~o time, hereinafter collectively refe~ed ~o as "Impact Fee Ordinate", provide for waivers of ~mpact fees for new owner-occupied dwelHn~ units qualifying as affordable housing; ~d WHE~AS, O~ER has applied for a 7~% defe~al of impact fees as required by the Impac~ Fee Ordinance, a copy of said application is on file in ~he office of Housing and Urb~ Improvemen~ Depammen~; and WHE~AS, the County Admin~s~rmor or h~s designee has reviewed the O~ER's application and has concluded that it complies whh the requirements for ~ affordable housin~ 75% defe~al of ~mpac~ fees as established in ~he Impac~ Fee Ordinate; and ~B~AS, the ~mpac~ fee defe~al shall be presemed in lieu of payment of the requisite impac~ fees subjec~ ~o satisfaction of all criteria in ~he Impac~ Fee Ordinance qualifying the projec~ as eligible for ~ ~mpac~ fee defe~a] and 16All 1 OR: 2692 PG: 3320 16All WHEREAS, the COUNTY approved a 75% deferral of impact fees for OWNER embodied in Resolution No. 2000-/~O'" at its regular meeting of (~o,,~2~' ,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 are 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 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 o o OR: 2692 PG: 3321 16All 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 $3,552.25 pursuant to the Impact Fee Ordinance. In return for the 75% deferral of those 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. Twenty-five percent (25%) of the impact fees shall be paid to the County upon issuance of the building permit. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee deferral to a subsequent OWNER, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance, and the new OWNER must assume and comply with the obligations of the former OWNER(s), otherwise the deferral automatically ceases and the deferred impact fees immediately become due and payable tot he County. 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 impact fees waived if the dwelling unit is used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 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. 3 OR: 2692 PG: 3322 16All 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, 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 paragraph 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 4 OR: 2692 PG: 3323 16 11 the impact fees deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. Except as set forth in paragraph 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 liens for County taxes and shall be on parity with liens 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 r~nt ' N am e '"~a~'~, ,- o ,, Print Name 5 OR: 2692 PG: 3324 16/1,11 STATE OF t~'io,-, de, ) COUNTY OF O___ o / / ~'¢ r-) The foregoing instrument was acknowledged before me this . 2000, by Benjamin and Iris Sanchez. They are personally c\c,~er~ Io. ce,,sm. (type of identification) as identification. 15'q'day of '-~cc~,.~. , known to me or produced ~ 0 ~ %~' E~IRES: 10~4~2 -8~3-NOTARY Fla. No~ S~rvices & Bonding Co Signature of Person T ' A--~knowledgment DATED: ATTEST:.: ~: DWIGHT E. 'BROCK, Clerk 'Attest as to Chatr~'$ stg~at~'e o~15. Approved as to fo~ ~d legal sufficiency Thomas C. Palmer Assist~t County Attorney BOARD OF ~ISSIONERS COLLIE~UNTY, FLORIDA uy: / /- ,{// TI~Y J. CON~I'ANTINE, CHAIP,.MAS jd/c/impfee/sanchez 6 OR: 2692 PG: 3325 16All EXHIBIT 'A' LEGAL DISCRIPTION BENJAMIN AND IRIS SANCHEZ RESIDENCE THE EAST 75 FEET OF THE WEST 150 FEET OF TRACT 20, GOLDEN GATE ESTATES UNIT NO.13, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED 1N PLAT BOOK 7, PAGE 72, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7 9414179111 PAGE 83/88 11