Resolution 2000-200
leta:
CLIU TO m BOAID
IlmOrrICI ITR nool
lIT 7211
2673208 OR: 2708 PG: 0135
UCOIDID ia tile omCIAL RlCORDa of COLLIIl COUln, PL
DI/08/2000 It 01:09P1I DIIIGIft I. BIOC1, CLln
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COPIlS
24.00
5.00
RESOLUTION NO. 2000- ~
16 Al
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. COLLIER
COUNTY, fLORIDA, AUTHORIZING 100% WAIVER 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 CRESCENCIO LOPEZ AT 671 12TH AVENUE NE.,
GOLDEN GATE ESTATES, COLLIER COUNTY, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
atlordable 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 incl..,everal.
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.l, 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 accordaIice with Collier County Ordinance No. 93-19, the County is
authorized to use funding trom the State Housing Initiatives Partnership [SHIP] Program for waivers
of Collier County impact fees; and
WHEREAS, Crescencio Lopez is seeking a 100% waiver of impact fees; and
WHEREAS, Crescencio Lopez will construct a three (3) bedroom unit (the "Dwelling Unit")
at 671 12th Avenue NE., in Golden Gate, Collier County, Florida; which is proposed to sell tor
Ninety Thousand Two Hundred Dollars ($90,200.00), and
WHEREAS, the Dwelling Unit will be owned by a very low income household, and
WHEREAS, Crescencio Lopez submitted to the office of the Housing and Urban
Improvement Department an Affordable Housing Application dated June 21. 2000 tor a waiver of
impact fees for the construction of a house at 671 lill Avenue NE., Golden Gate Estates, 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 Impact1fee 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. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee
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OR: 2708 PG: 0136
D.
certificate of occupancy is issued.
NOW, THEREFORE, BE IT RESOLVED BY THE
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1.
Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by
qualifying for a waiver; and
WHEREAS, Crescencio Lopez has qualified for an impact fee waiver based upon the
following representations made by Crescencio 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 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.
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 waiver of impact fees to Crescencio Lopez for one (1)
house which shall be constructed at 671 12th Avenue NE., Golden Gate iEstates,
Collier County, Florida.
Upon receipt by the Housing and Urban Improvement Director of an agreement for
waiver signed by Crescencio 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 671 12th
Avenue NE., Golden Gate Estates, Collier County, Florida by Crescencio Lopez:
B.
C.
D.
Fo
Library Impact Fee $ 180.52
Road Impact Fee 1,825.00
Parks Impact Fee: 820.84
EMS Impact Fee 14.00
Educational Facilities System
Impact Fee 1,778.00
Correctional Facilities Impact Fee117.98
Total Impact Fees $ 4,736.34
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OR: 2708 0137
3. 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.
4. Based upon sufficient evidence provided by Owner, Owner has demonstrated that a
subordination of the County's rights, interests and lien to that certain mortgage loan
from Market Street Mortgage to the Owner in the amount of $88,589.00 is necessary
to obtain financing to purchase the Dwelling Unit.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
&tt~st as to' ¢hatrlan's
st,~ture onl$.
Approved as to form and
legal sufficiency:
Thon~a~,, Pa'lm~r
Assistant County Attorney
BOARD OF CO~ISSIONERS
COLLIER C~F, ITY, FLORIDA
TIM T(~ J. CON'~f[NTIN~, CHAIRMAN
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OR:
2708 PG: 0138
16A1
EXHIBIT "A"
LEGAL DESCRIPTION
CRESCENCIO LOPEZ RESIDENCE
THE EAST 75 FEET OF THE WEST 150 FEET OF TRACT
108, GOLDEN GATE ESTATES, UNIT 18, AS RECORDED
IN PLAT BOOK 5, PAGES 117-123, OF THE PUBLIC
t<ECOiRDS OF COLIAER COUNTY, FLORIDA.
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16A1 ,
2673209 OR: 2708 PG: 0140
CLSRK TO T~ BOARD R~CORDBD in the O~[~IClAL RBCORDS of COLLIBR COUN?~, ~ R~C ~! 24.00
I!ITSROFFIC! 4711 FLOOR 08/08/2000 at: OI:09PH DWIGHT B. BROCK, CLIR[ COPlBS 5.00
BXT 7240
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEEI 6 A1
This Agreement for the Waiver of Impact Fees entered into this / day of d~o~000, by and
0
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Crescencio Lopez, 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
Improvement; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has concluded 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 o~ all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
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OR: 2708 PG:
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodiedt
Resolution No. 2000- ~ at its regular meeting of ~t~=~-- x ,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 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:
a. 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
momhly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
b. The Dwelling Unit shall be sold to a first-time home buyer;
c. The Dwelling Unit shall be the homestead of owner;
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 $4,736.34 pursuant to the Impact Fee
0141
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Ordinance. In return £or the waiver o£ the impact £ees 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 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 fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
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11. DEFAULT.
fails to sell the Dwelling
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 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 (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:
Pnnt Name ].. Qur~,,q ~'. ~eor~
Pnnt Name ~.(5 ~ ~. ~ {,
OR: 2708 PG: 0143
OWNER shall be in default of this Agreement (1) where OWNER1 6
Unit in accordance with the affordable housing standards and
OWNER:
Crescencio Lopez
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OR: 2708 PG: 0144
STATE OF Florida
COUNTY OF Collier
The foregoing instrument was acknowledged before me this IO4hday of -~
by Crescencio Lopez. He is personally known to me or has produced ~ c ~vec-~ I ~ c.e e,.-,e.
identification.
[NOTARIAL SEAL] Signature of Person Tatting Acknowledgment
,2000
as
)~ ~il~ My couu~ss~o~ # cc 777m ~)~ame of Acknowledger Typed, Printed or Stamped
~_D800-$-NOTARY Fin Notary Services & Bonding Co ~ ~
ATTEST:
DWIGHT E. BROCK, Clerk
Ap~ttar's~oO~l~ and
legal sufficiency
Th~omas C. Palmer
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:TIM T~ J. CON~NTIl~, cHAIRMAN
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