Resolution 1999-190RF-";C)Lt~TION ¢)F TIlE BOARD ()F ('OUNTY C(kMMIgSIONI(RN.
('OI.tJ[:R ('OUNTY. FLOR[DA. AUTIIOIUZIN¢; 50% WAIVER 50%
DEFERRAL OF LIBRARY SYSTEM IMPA(q' FEES. I'ARKN AND
RECREATIONAl. FACILII'IES [MI'A~ FEES. ROAD IMPACT FEES.
EMERGENCY MEDICAL SERVICES IMI'ACT FEES, ANI)
EDUCATIONAL FACILrFIES SYSTEM IMPA(q' FEES FOR ONE
tIOUSE TO BE ('ONSTRU~I'ED BY SUSAN J, FRf{I)ERI('K A'I 2440
gm STREET N. E.. GOLDEN GATE ESTATES IN {'OI.IAI{R
COl ;N'I-Y. FI.ORII)A.
WilEREAS, Collier County has recognized and attempted to address tile lack of adequate and
affordable housing l~r moderate. Iow, and roD'-low income households in the County and Iht 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 t.5.3, policy 1.5.4. policy 1.5.5. policy 1.5.fl: ()hjcctive 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. ami policy 2.1.6 of thc
Housing Element: and
WIIEREAS. Collier ('ounty has received fin]ding pursuant ltl thc State lhmsing Inilialivcs
Pa~ncrship Program scl fimh in Section 420.907 ct. seq., Florida Statutes and ('haptcr 91-37, Florida
Administrative Code: and
WItEREAS, in accordance with Collier County Ordinance No. 93-19. thc County is
authorized to use funding from the Slate l lousing Initiatives Paflnership {SI liP] Program for waivers of
Collier County impact fees: and
WIIEREAS. Susan J, Frederick is seeking a 50% xvaiver/50% dc~L'rral of impact fees; and
WIIEREAS. Susan J. Frederick will construct a three bedroom unit (thc "I)welling [hilt") at
2440 8th Street N. E.. Goklcn Gate Estates in Collier County. Florida; and
WIIEREAS. thc Dwelling Unit will be owned by a Iow income household, and
WIIEREAS. Susan J. Frederick submiltcd to thc office of thc }lousing ;ltld IJrlmn
Improvement Depmlmcnt an Affi~rdablc l lousing Application dated March 3. 1999 thr a 50%
waiver/50% deferral of impact fees fi~r thc construction of a house ;11 244~ 8th Street N. E.. (;oldcn
Gate Estates in Collier County. Florida. a copy of'smd application is on I]Ic in thc }lousing and Urban
Improvement Department; and
WtlEREAS, in aeconlancc with Section 3.04 of the l.ihrary System Impact Fcc Ordinance,
Ordinance No. 88-97. :,s amended; Section 4.05 of tile l'arks and Recreational I;acilitics hnpact Fee
Ordinance, Ordinance No. 88-9(~. as amended: Sectima 3.04 of tile Road Impact Fee Ordinance,
Ordinance No. 92-22. as amended: Section 3.05 of tile Emergency .Medical Sen'ices System hnpact
Fee Ordinance. Ordinance No. ')1:71, as amended; and Section 3.05 of tile Educational F:,cilitics
?
System Impact Fcc Ordinance. Ordinance No. 92-33, as 'm~cndcd: an applicant may oblain a 50%
waiver/50% defe~al of inn pact fees by quail Vying for a waivcr/dct~.~al: and
WilEREAS. Susan J. Frederick has qualified for an impact Fcc waivcr;dctkmfi based upon
following rcpresentatmns made by Susan J. Frederick:
A. The Dwelling Unil shall be oxvncd by a first-time home buyer.
B. Thc Dwelling Unit shall be owne, l by a houschokt with a low income level as that term
defined in thc Appcmiiccs to Ibc rcspcchvc impacl Fcc Ordinances ami Ibc monlhly payment to
purchase thc trait must be within thc afl~mtablc housing guidelines established in Ibc
Appendices to the respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the l[omestead ofthe owner.
D. The Dwelling Unit shall remnin affordable for fifteen (15) yenrs From the date lhe ccflilicale of
occupancy is iss~,cd
NOW. TIIEREFORE, lie IT RESOI,VEI) BY TIlE
COMMISSIONERS OF COI,I.IER COUNTY, FI,ORII)A. TIIAT:
BOAI,ll) OF C¢)UNTY
Tile Board of County Commissioners hereby aulhorizes the Counly Administrator lo isstle an
Authorization for 50 % waiver/50% defcmd of impact fees to Susan J. Frederick fbr one house
which shall he consln~clcd al 24~0 Sl/1 Slreet N. E., Golden Gate Eslates in ('oil/er ('otmly,
Florida.
Upon receipt by the ttousing and Urban Improvement Director of ;m agreement fi)r 50%
waiver/50% deferral of impact fees signed by Susan J. Frederick. or olher documenlation
acceptable to the County Altomey. the Board of Cotmty Commissioners hereby aulhorizes the
payment by Collier County of the following impact fees from thc Affordable llousing Tnlsl
Fund. Fund (191). in the following amounls for Ibc one (Ir))house lo be built at 2d40 81h
Street N. E.. Golden Gate Eslatcs in ('ollicr ('ounty. Florida by Susan J. Frederick:
A Library Impact Fcc $ 180.52
B. Road [mpacl Fcc 1.379.Ot~
C. Parks and Recreational Facilities
Impact Fee:
(1} Regional Parks
(2) Community Pnrks 399.00
D. EMS Impact Fee
E. Educational Facilities System
Impact Fcc
Tolal Impact Fees S 3.929.52
Thc paymcnt of impact fccs by (..'oilier Counly is subjcct to thc execution and recordation of
an Affordable I[ousing Agrccmcnt fi~r payment oF Collier County Impact Fccs bctv.'cen thc
property owner and.'or purchaser and thc County.
DATED:
ATTEST:
DWIGHT E. BROCK. Clerk
This Resolution adopted after moti6n, second and n:ajority ,,'otc favoring same.
and
legal sufficiency:
Heidi F. Ashton
Assistant Count.,,, Atlomcy
jd/c/reso/fredenck
BOARD OF COUNTY COMMISSIONERS
COI. LIER COUNTY, FI.ORIDA,/
EXIIIBIT "A'
I,EGAL DESCRIPTION
SUSAN .I. FREI)ERICK RESIDENCE
TIlE NORTH 75' OF TIlE NORTH 150' OF TRACT 15. UNIT 24. GOLDEN GATE ESTATES,
ACCORDING TO TIlE PLAT TttEREOF. RECORDED IN PLAT BOOK 7. PAGES 1 I AND 12
OF TIlE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA.
<C
z
0
'w n: 2462900 OR: 2535 PG: 1978
AGREEMgNT ~OR 50%WAIVErs50% DEFERRAl. OF 100%
COI.I.IER COUNTY IMPACT FEES
Tiffs Agreement for Ibc Waiver of Impact Fccs catered into Ihis/~ day of
.. 1999 by bctxvccn thc Board Cotmtv ('ommissioncrs o1' Collier
Of
County, Florida. hereinafter rclk~ed to as "COUNTY" and Su~an .I. Frederick. hereinafter
refc~cd to as "OWNER."
WI TN ESS ET 1t:
WHEREAS. Collier Cout]lv Ordin;mcc No. 88-97. as amended. Ibc Collier County
Libra~ System Impacl Fcc Ordinance, Collier Counly Ordinance No. 8g-96. as amended, Ibc
Collier County Parks and Recreational Facilities Impact Fcc Ordinance: Collier County
Ordinance No. 91-71. as amended, thc Collier County Emergency Medical Sca'ices Syslcm
Impact Fcc Ordinance: Collier County Ordinance No. 92-22. as amended, thc Collier County
Road Impact Fcc Ordinance: Collier County Ordinance No. 92-33. as amended, thc {'oilier
County Educational Facilities System Impact Fcc Ordinance: as lhcv may be timber amended
from time to time hereinafter collectively referred io as "Imp;icl l:cc Ordinance". provide For
waivers of impact fccs For new owner-occupied dwelling units quail Vying as affordable housing;
and
WHEREAS. OWNER hns applied for a 50% waiver/50% defe~al of impact fees ns
required by thc Impact Fcc Ordinance, a copy of said np?lication s on file in Ibc office
Housing and Urban Improvement Depnmncnt: nnd
WHEREAS. Ibc County Admm~slralor or his dcsignce has reviewed the OWNER's
application and bas found that it complics wifl~ Ibc requirements for nn affordable housing 50%
wniver/50% deSe~al ofimpac~ fccs ns established in lhe lmpnct Fcc Ordinance; nnd
WHEREAS. Ibc impact fie xvaiver/defc~nl shall he prescnlcd in lieu of payment of
requisite impact fccs subject to salisfi~ction of nll cnlcria in thc Imp.ct Fcc Ordinm~cc quali~'ing
the project ns eligiblc for an ~mp:~cl fie ~v:nvcr/dcfcrral and
OR: 2535 PG: 1980
d. The Dwelling [.Init shall remain as affordable housing for fi flccn (I 5) years
from thc date the certificate of occupancy is issued for the Dwelling Unit;
and
c. (}\VNHR is the o,xner of record of thc Dwelli,g t.;nit and (',,.,.'cs impact
Ii'es i~ lh¢ total amom~t ~)f 53.929.52 pursual,.l to the Impact Fee
Ordil]ancc III rclUl'll for thc 50%waix'cr, Sff~',, dcl~rra] of thc impact Ikes
owed bv OWNER, OWNER covcna~lls and agrees lO comply with the
affordable housing in]pact fee waiver qualificatmn criteria detailed in Ihe
Impact Fcc Ordinance.
5. SUBSEQUENT TRANSFER, If OWNER sells thc Dwelling Unil sutziect lo thc
impact Fcc waivcr;dcfemfl to a subsequent purchaser or renter, the l)wclling Unit
shall be sold only to households meeting the criteria scl [b~h in thc [mpacl Fcc
Ordinance.
6, AFFORDABI,E REQUIREMi~NT, The Dwelling Unit Ill.St be ,tilizcd [bt arlgnlable
housing for a fifteen {15) year periled after tile dale thc ce~ificatc of occupancy is
issued; and ~f thc [)welling [!nit ceases to bc utilized tbr Ihat ImpOse during such
period, thc impacl t~'cs shall be immediately repaid to thc COUNTY. except for
waived impact fees if thc dwelling ,mi has been used tor aflbrdablc housing For a
continuot~s period ol []ficcn years after the date thc certificate of occt]pa~lcy is issued.
7. IAEN. Thc waived delL'fred impact fees shall hca lien upon thc propc~y which lien
may be foreclosed upm~ in the cven~ of mm-compliance with thc requirements of this
Agreement
8, RELEASE OF LIEN. Upon satisfacto~ completion of thc Agreement requirements
and tifleen {15J years after the date of issuance of Ihe certificate of occupancy, or
upon payment or thc waived impact fees. arid upo~l payment of the deleted impacl
OR: 2535 PG: 1979
WllERF. AS. Ibc COtiNTY al,proved a waix'cr."dcFcrral (~1' ~mpact Fees Ibr OWNER
embodied in Rcsolution No. 99-~_~.~ at its rctjular meeting off 1999: ami
~HEREAS. thc Impact Fcc Ordinance rcquires flint thc ()~NI:R cmcr int-
Agrccmcnt with thc C OU, 'r5.
NOW. TI IEREFORE. m consideration of thc forcgoing rccilals. Ibc parties covenant and
agree as follows:
I. RECITALS INCORPORATED.. Thc fix'cgoing rccihds arc line and correct and shall
bc inco~oratcd by reffcrcnce herein.
2. LEGAl. DESCRIPTION. The legal description of thc dxvclling unit film "I)wclling
Unif') and site phm is attached hereto as Exhibit "A" and inct3qmraled by reference
herein.
3. TERM. OWN[iR agrees that tl~c Dwelling Ihfit shall rcm;fin as al'fi,'dalqc housing
and shall bc offered lbr sale in accordance with thc slamhlrds scl tbrlh
appendices Io the Impact Fcc Ordinance fi~r a pcrmd of fiflccn (15) years
commencing from thc date thc cc~ificalc off occupancy is issued lhr Ihc Dwelling
Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER rcprcscnts and wammls thc
£ollowing:
a,
C.
Owner maintains a household with a Imv II1COIllC aS dclh~cd in thc
appendices to the hnpact Fcc Ordinance and thc monthly payments lo
purchase thc Dwelling Unit IlltlSt be Xtllhill thc affimlable housing
guidelines established in the appendices Io Ibc Impact Fcc Ordinance:
()whet is a first-time home buyer:
Thc Dwelling Unil shall be thc lmmcslead ot'mvncr:
2
OR: 2535 PG: 1981
fees. thc COUNTY shall, m Ihc expense of Ihc COUNTY. record any necessary
documentation evidencing thc termination ortho lien. including, but not limilcd to. a
release of lien.
9. BINDING EFFECT This Agreement shall be binding ,pon the parties to this
Agreement and their respective heirs, personal represc.tntivcs, successors and
assigns. In thc case of sale or transfer by gift of the Dwelli,g Unil. lhe original
OWNER shall remni, liable For the impact fees wa~ved.'defcn-cd .ntil said impact Fees
arc paid i. full or tlnl~l lhe conditions set forth in Ibc lmpacl Fcc Ordinance arc
satisfied. I, addition, this Agreement shall run wJlh the land and shall remain a lien
against the Dwelling [Jnit .nfil the prox~isio,s ~ffScction 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNHR al the expense of
OWNER in tl~e Official Records of Collier County. Florida. wififi, sixly (60) days
after execution of this Agreement by the Chairman ~t' the Board of Co,nly
Commissioners.
1 I. DEFAULT. OWNER shall be in dc~'mlt of this Agreement {I ) where OWNER fails
to sell the Dwelling Unil in accordance wilh Ibc affordable ho.sing slamlards and
qualification criteria established in thc Impact Fcc Ordinance and thereafter fails Io
pay thc mq~act Fees within 30 days oFsaid non-complia,cc..r (2) where OWNER
violales o~e oFthe aflbrdablc housing qualification crileria in thc hnpacl Fee
Ordinance fbr a period of thirty (30)days after nolicc of lbo vh)lalion.
12. REMEDIES. Should ~hc OWNER of Iht propcmy Fail to comply with thc said
qualification criteria at any timc during thc fifteen (15) year period or sho,ld
O%VNER violate any provisions of this Agrccmcnt. Ibc impact Fees waived/deleted
shall be paid in fidl by OWNER within 30 days of said non-compliance. OWNER
agrees thnl thc m~pact fees waived/deleted shall conslitutc a lien on thc Dwclli,g
Unit commencing o, thc cfl%ctive~ date of this Agreement and continuing tmtil repaid.
4
0R:'2535 PG: 1982
Such lien shall be superior and paramoutl! tO tile interest in Ibc Dwelling UllJl of ally
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and
shall be on parity with the lien of any such Cotmty taxes. Should the OWNER be in
default of this Agreement. and the default is not cured within thirty (30) days after
writte, notice to OWNER. tl~e Board may bring civil action to enforce this
Agreement. In addition, the lien may be foreclosed or othcnvise enforced by thc
COUNTY by action or suit m. equity ns For the foreclosure of a mo~gage on real
property. This remedy is cunmlative with any other right or remedy available lo the
COUNTY. The Board shall be entitled to recover all attorney's fees. incu~cd by the
Board in enforcing this AgrecmcnL plus imcrest at the staltHoO, rate For fitdgmenls
calculated on a calendar day basis until paid.
IN WITNESS WIIEREOF. (l~e panics have executed this Agreement ~br
Waiver/Defcgal of Impact Fees on the date and year first above wrilten.
Witnesses:
Print Name
STATE OF
COUNTY OF
"-~-usar~'J. Fre/0e/rick - -- '
The foregoing instrunmnt was acknowledged before mc this .? :5 day of
~~-~-~ ._ , 1999. by Susan J. Frederick. She is personally known lo mc or
~. produced ~ ~Z~ i~O-? %._ ,5 ~-- (type o f identification) as/don ti ficat ion.
~.2 - ~' --
[NOTARIAL SEAI.] < ~?,gnature of Person Taking Ackno,~dgmcnt
OR'
"
:XTTEffT: ,' : ~
DWIGHT E. BROCK. Clerk
:est a~ to'CMfr~an's
lhJ~tbre onl~.
as lo ~om~ and
logo] su[~cicncy
Hoidi F. Ashton
Coumy Ailomoy
BOARD OF COUNTY ('OMISSIONERS
COLLIER COUNTY. FI~ORIDA
~y:,/, ~ ~ ~ b' l ',.
PAMELA S. MAC'KIE, C[[AIRWOMAN
/
jd/c/agrccment.qfredcrick
EXIIIBIT 'A'
I,EGAI. DISCRIPTION
SUSAN J. FREDERICK
OR: 2535 PG:
16 q
1984
TI-IE NORTH 75' OF'I'IIE NORTH 150' OF TRACK 15. UNIT 24. GOLDEN
GATE ESTATES. ACCORDING TO 'FILE PLAT TIII£REOF. RECORDED IN
PLAT BOOK 3. PAGES 67 AND 68. OF THE PUBLIC RECORDS OF
COLLIER COUNTY. FLORIDA.
*** OR: 2535 PG: 1985
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