Resolution 1999-049
, QA22~
RESOLUTIO~ NO. C)()'_!9_
RESOl.UTlO:-: or- TilE f30ARD OF COUi'\TY CO~I~(ISSIO:"-!ERS.
COLLIER COUNTY. r-LORlD/\. ,\UTIIORllING 50% W^IVE/V50'Y..
DEfERRAl. OF REGIO:"-!AL LIBRARY SYSTE;\.I 1:-'II'M'T FEES.
PARKS Ai'\D RECREATIO~:\1. FACll.ITIES IMPACT FEES. RO/\[)
IMPACT FEES. DvIERGEi'\CY :\IEDICAL SERVICES SYSTEivllMI'ACT
FEES A]\;D EDUCI\TIONAL F/\CILlTIES SYSTDl IMP..\CT FEES I:OR
O:-:E 1I0USE TO BE CO:-:STRL:CTED BY IIE:-:RY c. :-:ONIIOMi\IE
1\:-':D ;\IA[HE L. ALEXANDRE AT 445& 17"1 COURT S. \\". (jOLDEN
CiA'fE. COI.I.lER {'oeST\'. FLORIDA.
WH EREAS. Collier COllllly has rccognil.eJ ,md altempted to addr.:ss the lack t,f adcqll,lle
and affordahle housing for moderate. low. and very-low iIlCOI1H: households ill the ('tHlnty and
the necu for crcali\'e allll inno\atin: prl1grams 10 assisl ill Ihe pflwisioll llf sllch housilll:!- hy
jncllldill~ se\'Cral pnH'isiolls ill the Collier ('oullty Growth i\l:lIwgl.'lllelll I'J;lIl. including:
ohjecli\'c 1 A, policy 1.4.1: l1hjlx:ti, e 1.5, policy 1.5.2. policy 1.5.3. JHllicy 1.5.-1. policy 1.5.5.
policy 1.5,(,; ohjective 1,(1, policy 1.(1.:;; objcclin: 2.1. policy 2.1.1. policy 2.1.2. policy 2.1.~.
policy 2.1.5. and policy 2.1 J) of the Ilousing Element; alld
\\'lIERE:\S. Collier CounlY has reeciHd funding pursuant to lhc State Ilousing
[nitiati\'cs Partnership Program sd ["orth in Section 420,f)07~. Florid;, Stallltes and Chapter
01-37. r-Iorida Administrative Code; and
WIIEREAS. in aceord,lIlce with Collier County Ordinance No. 1)3- JI), the COllnl)' is
authorized \0 use funding from Slate Ilousing Initiati,'es Partnership [SI (]I'J Program for wai,'crs
of Collier COllnly impact fccs: alld
WII EREAS. I !enry C. ;-';onl1ol11mc and :-'Iarie L. Alexandre are seck illg a 50'X.
wai\'er/50% deferral of I (Jm~, of impact Ices; aml
WII ER EAS. lIenry C. 0.'onllOmll1c and Marie L. Alexandre wi 11 constrllel onc (3) three
hedroom IInit (the "Dwclling UniC) at -l-l5l\ 171h ('our! S. W.. (jolden Gale. Collicr COIIIlIY.
florida, which is proposl:d to cost Onl: Illlmlrcd Thre\.: TIllHlsaml Fivc Ilullllrcd and Fifty Dollars
(5 I 03.5 50J)(J); and
WIIEREAS. the Dwelling Unit will bc owned by a low income housdlllld. alld
WHEREAS. ] fenry C. Nonhomme and Maric L. Alex:lIldre sllhmiued 10 Ihe ot'licc of
I-lousing and Urhan Improvement an 1\ ITordahle I lousing I\pplieal ion 11;11\:d Sept em her :\Il. I ()<)X
fnr;1 ~Il"" wai"l'f'~f)";, ilL'fl'rT:i1 "i'iI11P;!('! Il'C~ [""I'll,.. C"I1"l'Ilrlinl1 ,,1":1 h,,,,v:II .l.t~S 1";'), (',,"r'
---....-......'......
___'"...._~... ".rl...._,__~...._._.M".-'... M_"'_"__'''-'. _..._~,-
16A22
S.W.. Goklcn Gale. ('oilier County. Florida. a copy o1' saki application is on lilt in thc
l lousing and Urban Improvement [)cparm~cn~; and
WItERI[AS. in accordance with Section 3.04 oF the I.ilmu'y %vstcm hnpact Fcc
Ordinance, Ordinance No. SE-07, as amended: Suction 4.()5 o1' thc Parks and Recreational
Facilities Impact Fee Ordinance, Ordinance No. 88-9fl. ns amended: Ncclitm 3.04 o1' ~hc Road
Impact Fcc Ordinance. Ordinance No. 92-22. as amended: Section 3.115 of thc I~nlcrgcncy
Medical Services System Impact Fcc Ordinance. Ordinance No. 91-71. as amcnJ, cd: and gcction
3.05 ol'thc Educational Facilities System Impact Fcc Ordinance. Ordinance No. ')2-33. as
amended: an applicant may obtain a 50% waiver:'50% deign'al of impact IL'es hv tltmli
waiver: ;.lilt[
WIIERI!AS. Ilcnry C. Nonhomme alld Marie I.. Alexandre have tltmlilicd
waiver,'50% deign'al based upon Ihe Ibllowing ropresenlalions made:
A. The Dwelling tJnit shall be owned by a Ilrst-lime home buyer.
B. The Dwelling Unit shall be owned by a househokl with a Iow income levd as lJlal
term is defined in the Appendices lo the respective Impact Fee Ordinances and the
monthly payment 1o purchase lbo unit musl be within thc al'lbrdablc h(msing
guidelines established in file Appendices to Ihe respective Impact Fcc Ordimmccs.
C. The Dwelling Unit shall be the l tomcstead oflhe owner.
I). The Dwelling Unit shall remain aflbrdable for fifteen (1Si years fi'om the dale Ihe
certificate ol'occupancy is issued.
NO,V, TIIEI{EFOI{i~, BE IT liESOI.VEI) BY TIlE IJOARI) OF COUNTY
COMMISSIONERS OF COI.I.IER COUNTY. FI.ORII)A. lilt11:
!. The Board of County Commissioners hereby authorizes the County ,.Mhninislralor to
issue an Authorization lbr 50% waiver/5~]% deferral of impact Iges tt) l lenry C.
Nonhomme and Marie L. Alexandre ibr one ( 1 ) house which shall be constructed
4458 17th Court S. W.. (}olden Gate. Collier ('ounly. Florida.
2. Upon receipt by the I lousing and Urban Improvement Director of an agrccmcnl
waiver/dclgrral signed by lien0' C. Nonhomme and Marie I.. Alcxandre. or other
documentation acceptable to the COtlllly Attorney. the Board of County
Commissioners herd~y atnhorizes lhe payment by ('ollic~' ('OtllllV oJ' It~e Ibllowing
impact lkcs from thc ,,\fford:d~lc t lousing Trust Fund. Fuml (191 }. in thc Ibilowin,g
amounts lbr thc one (I) house lo bc htfih at 4458 17th Court. S. \V.. Goldcn (]:itc.
Collier County. Florida bv I lcnrv ('. Nc,$lhc, mmc :md Marie I....\Icxamlcr:
n) l.ibrary Impact Fcc
b) Road Impact Fcc
c) Parks and Rccrcalional I:acilitics
Impact Fcc
Regional Parks
Community Parks
d) EMS Impact Fcc
c) Educalional Systems Impact Fcc
S I 8~1.52
1.379.{HI
179.00
399.00
14..0(~
1,778J)0
TOTAl, IMI'ACT FEES
S3,929.52
3. Thc payment o1' impact fees by Collier County is sui\jcct lo thc execution and
recordation of an Al'lbrdable I lousing Agrccmen! lbr payment of Collier County
hnpa¢l Fees bcp, vcen the properly owner and/or purchaser :md thc ('ountv.
This Resolutitm a,.t~)pted after motion, second and majorily vote Ihvoring same.
ATTEST:
DWIGIfT E. BP, OCK. Clerk
Attest as,.~-"..a~irman' 's
signature 0nlj,
BOARD OF COUNTY
C'OLLIL:P, COUNTY. I:I.OI(IDA
Ch
,,'kpprovcd as to fi)rm and
legal sufficiency
!
}tcidi F. ,,\shton
Assistant CaLmly :\llorncy
jd c. [cso hol11IllCaIcx
16A22 ,
EXIIIB'IT
LOT II. I~,I.O('K 33. GOI.Dt~N (;.,\TI'~. t;NI'F 2. A(,CORI)ING TO TI I1£ PI..,VI' Tt IERF. OF. AS
RE('ORI)F.I) IN I'L,,\T BOOK 5. I~,\G[!S 65 T111,IOUGtl 77. OF '['1 If': l'!.iBl.l(' RI'X_'ORI)S ()F
COI.I.II':R (_,OUNTY. F1.ORII)A.
2420749 OR: 2502 PG: 0279
RICORDID in OFFICIAL RECORDS o~ COLL[IR COUP?Y, FL
01/1~/99 at 0~:~5~ D~IG~! ~. BROCL CL~K
COPII$ 8.00
Retn:
,%Gi~.EI.;MENT 1:()I,I 50'Z, WAIVEIU50'¼, DEFEI~RAi. OF 100% OF
COLIAER COUNTY IMPACT FEES
This Agreement for thc Waiver of Impact Fees cnlcrcd imo this ~ day of
, 1999 by and belwe the Boa d of County Commissioners of Collier
Uounty, Fl~ida, hereinafter refexcd to as COUNTY' and Henu, C. Nonhommc and Marie L.
Alcxandre, hereinafter rcIk~cd to as "OWNER."
W[TNESSETH:
WI IEREAS, Collier County Ordinance No. 88-97, as anlcndcd, the Collier Cotmty
Libraw System hnpact Fcc Ordinance; Collier County Ordinance No. 88-96, as amended, thc
Collier County Parks and Recreational Facilities Impact Fcc Ordinance; Collier County
Ordinance No. 91-71, as amended, thc Collier County Emergency Mcdical Services System
Impact Fcc Ordinance; Collier County Ordinance No. 92-22. as amended, thc Collicr County
Road hnpact Fcc Ordinance; and Collier County Ordinance No. 92-33, as amended, thc Collier
County Educational Vacilitics Systcm Impact Fcc Ordinance, as they may be timber amended
From time to time hereinafter collectively referred Io as "Impact Fee Ordinance", provide for
waivers of impact fees for new owner-occupied dwelling units qualifying as aftbrdablc housing;
and
WIIEREAS, OWNER has applied for a 50% waiver/50% dcl~rral of impact l~cs as
required by thc hnpact Fee Ordinance, a copy of said application is on file in thc orifice off
Housing and Urban hnprovcmcnt Dcpamncnt; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with thc requirements lbr an affordable housing 50%
waiver/50% defe~al of impact fees as established in the hnpact Fcc Ordinance; and
WHEREAS, thc impact fcc waivcr/defcmfi shall be presented in lieu o1' paymcnt of thc
requisite impact fees subject to satisfaction of all crilcria in the Impact Vce Ordinance qualifying
thc project as eligible for an impact fcc waivcr/dcfc~al and
OR: 2502 PG: 0280
: 6J22
WHEREAS, thc COUNTY approved a waiver/del'erral oF impact fees tbr O\VNER
embodied in Resolution No. 99-.~9at its regular meeting o5~-~/~ .1999: ;,,,ti
WHEREAS, the Impact Fcc Ordinance requires that the OWNER cater
Agreement xvith the COUNTY.
into
NOW, TItEREFORE, in consideration of the foregoing recitals, the parlics covenant and
agree as Follows:
I. RECITALS INCORPORATED. The foregoingrccitalsarctFucamtcoFFcctandshall
be inco~oratcd by reference herein.
2. LEGAL DESCRIPTION. l'hc legal description of thc dwclling unit (thc "Dwelling
Unit") and site plan is attached hereto as Exhibit "A" ami incorporated bv rcl~rence
herein.
3. TERNI. OWNER agrees that thc Dwelling Unit shall remain as at'lbFdablc housing
and shall be offered tbr sale in accordance with thc standards set Forth in thc
apl)cndiccs to thc Impact Fee Ordinance For a period of lil~ccn (15) years
commencing From the date thc certificate of occupancy is issued Ibr thc Dwelling
Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warFanls thc
Following:
a. Owner maintains a hotmohold with a low income as defined in tho
appendices to the Impact Fcc Ordinance and thc monthly payments to
purchase the Dwelling Unit must be within thc al'lbFdablc housing
guidelines established in thc appendices to the Impact Fcc Ordimmcc;
b. Owner is a first-time home buyer;
c. The Dwelling Unit shall be the homestead ofowncr;
d. Thc Dwelling Unit shall remain ns affordable housing For fifteen (I 5) years
From the date the certificate oFoccupnncy is issued For the Dwelling Unit:
and
OR:
2502 PG: 0281
c. O\VNER is thc owner of record of thc Dwcllin,, Unit and owes irnlx~Ct
Fees in thc total amount of S6,169.52 pursuant to thc Impact Fcc
Ordinance. In return for thc 50%waiver/S0% deferral et'thc impact lkcs
owed by OWNER. OWNER covenants and a~rccs to comply with thc
aflbrdablc housing impact l~c waiver qualil%ation criteria detailed in the
In]pact Fee Ordinancc.
5. SUBSEQUENT TRANSFER. IF OWNER sells thc Dxvclling Unit subject to thc
impact fee waiver/deferral to a subsequent purclmser or renter, thc Dwcliin~ Unit
shall be sold only to households mcctin~ thc criteria set Ibrth in tl~e Impact Fcc
Ordimmcc.
6. AFFORDABLE RhQUIRE~ IEN I. The Dwcllinu Unit I11tlSl be mill/cd Ibr aFfimiablc
housing lbr a fifteen (15) year period atler the date tl~c ccrtil]catc of occupancy is
issued; and if thc Dwelling Unit ceases to be utilized lbr that pt~rposc during such
period, thc impact Fees shall be immediately repaid IO Ibc COUNTY. except Ibr
waived impact lbcs if II~c dwelling unit has boon used Ibr at'tbrdal, lc housing lbr a
continuer,s period of tiflccn x'cars al~cr thc dale thc certificate oFocct~l~ancy is issued.
7. LIEN. Thc waived/deferred impact fees shall be a lien upon the property which lien
may be foreclosed upon in thc event oFnon-compliancc with thc rCcluircmonts of this
Agreement.
8. RELEASE OF LIEN. Upon satislhctory completion oFthc Agrccmcnt requirements
and tifteen (15) years after thc date of issuance of thc certificate of occupancy, or
upon payment of thc waived impact Fees, and upon payment of thc clct~rred impact
fees, the COUNTY shall, at thc expense of thc COUNTY. record any necessary
documentation evidencing the termination of the lien, including, but not limited to, a
release of lien.
BINDING EFFECT.
/\grcemerlt and their
This Agreement si'mil be bincling upon the parties to this
rcspcctive heirs, personal rcprcscmativcs, successors and
OR:
2502 PG: 0282
assigns. In thc case of sale or transfer by gift of thc Dwelling Unit, thc original
OWNER shall remain liable Ibr thc impact I~cs waivcd/dct~rrcd until said impact fees
are paid in IZlll or until thc conditions sot [bt'th in thc Impact Fcc Ordinance arc
satisfied. In addition, this Agrccmcnl shall run with thc land and shall remain a lion
against the Dwelling Unit until thc provisions of Section 8 arc satisfied.
lO. RECORDING. This Agreement shall be recorded by OWNER at thc expense of
O~VNER in thc Ol'tScial Records of Collier County, Florida. within sixty {(~ll) ti:tvs
after execution of this Agreement by lhe Clmirman of lhc Bo:mi of Cotmtv
Commissioners.
11. DEFAULT. O~VNER shall be in dcfimlt of this Agreement (I) whore OWNER fails
to soil thc l)wclling Unit in :lccordancc with Ibc affordable housing slamta~'cls and
qtmlificationcritcriacstablishcdin thc Impact Fce Ordinance and thcrcalicr l2tils to
pay thc impact tkcs within 30 days of said non-compliance, or (2) whore OWNI!R
violates one of thc aflbrdablc housing qualilication criteria in thc Impact Fcc
Ordinance For a period of thirty (30) days alhcr notice of thc violation.
12. REMEDIES. Should Ibc OWNER of thc property lhil to comply with thc said
qtmlification criteria at any time during thc fifteen (15) year period or should
OWNER violate any provisions of this Agreement, thc impact tuts waivcd/dctkrrcd
shall bepaid in full byOWNER within 30 days of said mm-compliance. OWNER
agrees that tim impact lkcs waived/deferred shall constitute a lion on lhc l)wclling
Unit commencing on thc cl'lkctive date of this Agreement and continuing until repaid.
Such lien shall bo superior and paramount to thc interest in thc Dwelling Unit of any
owner, lessee, tenant, morlgagce, or olher person except thc lien for Cotmty faxes and
shall be on parity with thc lien of any sttch County taxes. Should lhc OWNER bcin
default o~' this Agrccmcnl. and thc dcfimlt is not cured within thirty (30) days after
written notice to OWNER, tho Board may bring civil action to cnlbrcc this
Agreement. In addition, thc lien may be [brccloscd m' otherwise enforced by thc
OR: 2502 PG: 0283
COUNTY by action or suit in equity as ['or the forcclostu'e o[. a mortgage on real
property. This remedy is cumulative with any other right or remedy available to lhe
COUNTY. The Board shall be entitled to recover all attorney's t~es, incurred by tho
Board in cnlbrcing this Agreement, plus interest at thc statutory rate Iht' judgments
calculated on a calendar day basis until paid.
IN WITNESS XVIIEREOI:. thc parties have executed this Agreement
Waivcr/l)cfcrral of Impact Fees on thc dale and year first above wriltcn.
Witnesses: (2)
PrintName'i' ......,".,.. ,'% h' .
OV,,'NER:
I-lenry C.'Nonllornnle
Witnesses: (2)
~.~'",,'1~ , - ._ ' '~ '
Print Name. ~'~., ,- , /:, L,'
('~P ri nt Name
OWNER:
/._
'~ " I {' /' / '
/Marie I.. AIcxandrc
COUNTY OF d.'h/~,, i,...
)
)
The , foregoing
//..-,
-produced --
instrument was acknowledged bctbrc mc this ~_/
.. 1998. by l lcnry C. Nonhommc. lie is personally known
........ .(type ofidentification) as identification.
[NOTARIAL SEAL]
day of
[0 1110.012
OR: 2502 PG: 0284
STATE OF
COUNTY OF
)
)
The foregoing instrumcl~t was acknowledged before mc this // day oF
. ~'r~, ,,/~ /,-.. , 1998. by ~larie L. Alcxandre. She is personally known to mc'or
p~ueed ................. .(type of identitication) as identitication.
[NOTARIAL SEAl.]
.Si.,.z(mture of Person Taking }
Ackz/owlcdgmcnt
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Attest as to Chatrm~n's
s igaat, u:e only.
BOARD OF COUNTY ('OMISSIONI.:RS
COI.I.IER COUNTY, FI.ORIDA
Approved as to fbrm and
legal sufficiency
Heidi F. Ashton
Assistant County Attorney
jd/c/agrccmcnl/hommeMcx
OR: 2502 PG: 0285
EX H I B IT "A"
LI~G,'\L DESCRIPTION
Lot 1 I, Block 36, Golden Gate, Unit 2, according to thc l~lat thcvcol'
of record in Plat Book 5. Pages 65 through 77, of thc public Rccortts
of Collier County. Florida.