Loading...
Resolution 1998-339RESOLUTION NO. 98- 339 1641/+{ RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS, COLI.IER COUNTY. FLORIDA. AUTftORIZING $0% WAIVER/S0% DEFERRAL OF REGIONAL WATF. R SYSTF. M IMPA('I' FF.i.;S. REGIONAl, SI:.WI-:R SYSTI!M IMI'AC'T Flil':S. LIBRARY SYSTEM IMPACT FEES. PARKS AND RECREATIONAL FACILITIES IMPACT FEES. ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES AN[) EDUCATIONAl. FACILITIES SYSTEM IMPACT FEES FOR ONE IIOUSE TO BE CONSTRUCTED BY GISELE PLANCHER AT 5369 MARTIN STREET, NAPLES MANOR ADDITION, COLLIER COUNTY, FLORIDA. \VI iEREAS. ('oilier County has recognized anti attempted to address thc lack of adequate and affordable housing tbr moderate, low, ami very-low income households in thc County anti ti~e need For creative and innovative programs to assist in thc provision of such housing by including several provisions in thc Collier County Growth Management Plan, including: objective 1.4. policy 1.4.1; objective 1.5, policy 1.5.2. policy 1.5.3, policy I.$.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 ol' ll~e l lotmsing Element; and '~VItEREAS. ('oilier ('ounty has received fimding pursuant to the State Housing Initiatives Partnership Program set I'orth in Section 420,907 el. se~., Florida Statutes and Chapter 91-37, Florida Adminislrative Code: and WIIEREAS. in accordance with Collier County Ordinance No. 93-19. the County is authorized lo usc funding from Slate IIousing Initiatives Partnership [SttlP] Program for waivers of Collier County impact fees; and WHEREAS. Giscle Planchcr is seeking a 50% waiver/50% deferral of 100% of impact fees; and WHEREAS. Gisclc Planchcr will construct one (4) four bedroom unit (thc "Dwelling Unit") at 5369 .Martin Street, Naples Manor Addition. Collier County. Florida. which is proposed to cost One It undrcd Three Thousand Nine I lundrcd Dollars ($103.900.00); and WttEREAS. thc Dwelling Unit will be owned by a low income household, and WHEREAS, Gisclc Plancher submitted to the office of Housing and Urban Improvement an Affordable ttousing Application dated August 6, 1998 for a 50% waiver/50% deferral of impact fees for thc construction of a house at 5369 Marlin Street, Naples Manor Addition. Collier County. Florida. a copy of said application is on file in thc Housing and Urban Improvement [)cp;~nmcnt; and WHEREAS. in accordance with Section 3.04 of the Regional Water System Impact Fcc Ordinance. Ordinance No. 90-86. as amended: Section 3.04 of Iht Regional Sewer Syslcm Impact Fcc Ordinance . Ordinance No. 90-87. as amended: Section 3.04 of thc Library System Impact Fcc Ordinance. Ordinance No. 88-07. :is anmndcd; Section 4,05 of thc Parks anti Recreational Facilities hnpacl Fee Ordinance. Ordinance No. 88-96. as amended: Section 3.04 of Ihe Road Impact Fee Ordinance. Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Sen'ices System Impact Fee Ordinance. Ordinance No. 91-71. as amended; and Section 3.05 of the FAucational Facilities System Impact Fcc Ordinance. Ordinance No. 92-33. as amended: an applicant may obtain a 50% waiver/50% deferral of impact fees by qualifying for a waiver; and WHEREAS, Gisele Plancher has qualified for a 50% waiver/50% deferral based upon thc following reprcsenlations made: A. Thc Dwelling Unit shall be owned by a first-time home buyer. il. Thc Dwelling Unit shall bc owned by a household with a Iow income level as that Icrm is defined in thc Appendices to the rcspectivc Impact Fee Ordinances and the monlhly payment to pvrchasc thc unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. Thc Dwelling Unit shall be the Homestead of the owner. D. Thc Dwelling Unit shall remain affordable for fifteen (15) years from tile date lhc certificate of occupancy is issued. NOW. TItEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNIY. FLORIDA, that: !. Thc Board of County Commissioners hereby authorizes the County Administrator to isst;e an Authorization for 50% v,'aiver/50% deferral of impact fees to Giscle Planchcr For one (1) house which shall be constructed at 5369 Marlin Street, Naples Manor Addition, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver/deferral signed by Gisele Plancher, or other documentation acceptable to the ('ounty Attorney. thc Board of County Commissioners hereby authorizes thc payment bv Collier Cotinty of the following impact fees from tile Affordable }lousing Trust Fund, Fund (191), in the following amounts for thc onc (1) house to be built at $369 Martin Street. Naples Manor Addition, Collier County, Florida by Giscle Plancher: a) Library Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 c) Parks and Recreational Facilities Impact Fee Regional Parks 179.00 Community Parks 399.00 d) EMS Impact Fee 14..00 c) Educational Systems Impact Fee !,778.00 f) Water Impact Fees 900.00 g) Sewer Impact Fees !.340.00 TOTAl. IMPACT FEES $6,169.52 3. The paynmnt of impact Fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement ['or payment of Collier County hnpact Fees between thc property owner and/or purchaser and the County. This Resolution adopted after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA At °~'., :'.:, t;, Chairman's signature onl!. Approved as to form and legal sufficiency H~idi ~.-'A~htoh~ / Assistant County Attorney jd/c/reso plancher EXIIIBIT 'A' LOT 23, BLOCK 9, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "A" 16A141 AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF 100% OF This COLI,IER COUNTY IMPACT FEES Agreement for the Waiver of Impact Fees entered into this /.sT day of , 1998 by and between the Board of County Commissioners of Collier o,.,~...° County, Florida, hereinafter referred to as "COUNTY" and Gisele Plancher, hereinafter referred to as "OWNER." WITNESSETH' WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System h'npact Fee Ordinance; Collier County Ordinance No. 88-96. as amended, the Collier County ~arks and Recreational Facilities Impact Fee Ordinance: Collier County Ordinance No. 91-71 as amended, the Collier County Emergency Medical Se~iccs System Impact Fcc Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, ~he Collier County Educational Facilities System Impact Fcc Ordinance, as they mav be timber amended from time to time hereinafter collectively refe~ed to as "hnpact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; WHEREAS, OWN[R has applied for a 50% waivcffSO% dcfe~al of impact fees as required by thc Impact Fcc Ordinance. a copy of said application is on file in the office of 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 50% waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver/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 waiver/deferral and 2457 PG: 2660 WHEREAS. the COUNTY approved a waiver/deferral of impact fees for OWNER en'lbodied in Resolution 98 Jd_d_~t regularmcctingof. , a,~7~, / , 1998; and No. its \VHEREAS, thc Impact Fee Ordinance requires that the OWNER enter into an Agreement with tile COUNTY. NOW, THEREFORE, in consideration of thc foregoing recitals, tile parties covenant and agree as follows: 1. RECITALS INCORPORATED. Thc foregoing recitals arc true and correct and shall bc incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of thc dwelling unit (thc "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that tile Dwelling Unit shall remain as affordable housing and shall bc offered for sale in accordance with thc standards set forth in the appendices to tile Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for thc Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc £ollowing: a. Owner maintoins a household with a Iow income as defined in thc appendices to the Impact Fee Ordinance and the montMy payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to thc Impact Fee Ordinance; b. O~vner is a first-time home buyer; c. The Dwelling Unit shall be the homestead ofowner; 2 OR: 2457 PG: 2661 d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate ofoccupancy 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 $6,169.52 pursuant to the Impact Fee Ordinance. In return for the 50%waiver/50% deferral of thc impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in thc hnpact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to thc impact fcc waiver/deferral to a subsequent purchaser or renter, 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 (I 5) year period after the date the ccrtificatc of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, thc impact l'ces shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate ofoccupancy is issued. 7. LIEN. The waived/deferred impact fees shall be a lien upon the propcrty which lien may be lbreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion ofthe Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact OR: 2457 PG: 2662 16 1 fees, the COUNTY si'mil, 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. BINDING EFFECT. Agreement and their 9. This Agreement shall be binding upon the panics to this respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, thc original OWNER shall remain liable for thc impact fees waived/deferred until said impact fccs arc 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 thc Dwelling Unit until thc provisions of Section 8 arc satislicd. I0. RECORDING. This Agreement shall be recorded by OWNER at thc cxpcnsc of OWNER in thc Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chaimmn of thc Board of County Commissioners. I 1. DEFAULT. OWNER shall be in default of this Agreement (i) where OWNER fifils to sell thc Dwelling Unit in accordance with thc affordable housing standards and quell fication criteria established in thc Impact Fee Ordinance and thereafter fails to pay thc impact fees within 30 days of said non-compliance, or (2) where OWNER violates onc of the afford~blc housing qualification criteria in thc Impact Fee Ordinance for a period of thirty (30) days after notice of thc violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during thc fifteen {15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived/deferred shall bc paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. 4 OR: 2457 ?G: 2663 Such lien shall be superior and paramount to the interest in tile 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 dcfault 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 thc COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in cnf'orcing this Agreement, plus interest at thc 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 tile date and year first above written. ,:..Print Nanle :,...:~/ ..... ff_>:,=. OWNER: Gisele Planch~r- STATE OF '"-~_~'~,, ~', ,.'( .-,.., COUNTY OF d./~./'~,. ',~- ) ) The foregoing instrument was acknowledged before mc this /'~ day of ,/~'2,..',~/~.., /~- , 1998, by Gisele Plancher. Sheik--personally-known-to-mo or produced .'' ~..'/~- (type of identification) as identification. [NOTARIAL SEAL,~.' ,:'v, ATTEST: DWIGHT E. BROCK, Clerk Attest as to Chairman's signature OR: 2457 BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA Barba~ B. Berry, ~hairn~an ",,~!~ PG: 2664 Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney jd/c/agreemcnts.,'plancher 6 OR: 2457 PG: 2665 16~1 EXHIBIT 'A' LO/23, BLOCK 9, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "A" OR: 2457 PG: 2666 16A14