Resolution 1999-191 "' 1 Al 0
RF. SOI.I~FION NO. 99- ~9~
RESOLUIION OF ]'tie BOARD OF ('OUNTY CONI.MI.'<,SI()NhRS.
COLLIER COUNTY. FI.ORII)A.-AU~tIORIZING 50% WAIVER 50%
I)EFERRAI. OF [.IBRARY SYSTEM IMISXCT FEES. PARKS ANI)
RECREATIONAl. FACILITIES IMI'A~ FEES, ROAD IMI'A~' FEiiS.
EMERGEN('Y MEDICAl. SERVI('ES IMPA('F FEES. EDt:CATI()NAI.
FA('II.I'I'IES SYS'I'IiM IMI'A{'I' I:EES AND WATER ANI)'(H~ ShWHR
IMFAC] FEES FOR ONE IIOUSE TO lie ('ONS] RUCTEI) [3Y JIU.IC) ('.
('ISNEROS AND YADIRA ('ISNEROS ON l.OT 10. BI.O('K 3. NAPLES
MANOR ADD[ ['ION IN ('~)I.I.[ER ('OUNFY, FLORII)A.
Wll EREAS. Collier Cotmtv has recognized anti nttempled Io address the lack of adequale and
affordable housing l~r moderme. Iow. and veo'-Iow income households in the County and the need for
creative and innovalsve programs ~o assisl in the provision of such housing hv including several
provisions in the Collier County Grox~th Management Plan. including: objective 1.4. policy 1.4.1;
objective ].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
Housing Element: anti
WI IEREAS. Collier Courtly has received funding pursuant lo thc State I lousing Initiatives
Pannership Program scl fo~h in Section 420.907 et. seq.. Florida Slalules and ('bapter 91-37. Florida
Administrative Code: ami
WIIEREAS. in accorda,ce wilh Collier County Ordinance No. 93-10. the County is
authorized lo use funding from lhe Slale l tousing Initiatives Pam~ersbip [SHIP] Program for waivers of
Collier County impact Fees: and
WIIEREAS, Julio C. Cisneros and Y~dira Cisneros are seeking a 50% waiver/50% defcgal of
impact fees: and
WIIEREAS. Julio C. Cisneros and Yadira Cisneros xxill consln~cl a fimr bedroom trail (tho
"Dwelling Unit") on Lol 10. Block 3. Naples Manor Addition in Collier ('ounly, Florida; and
WIIEREAS. the Dwelling Unit will be oxt ned by a Iow income h-usehold, and
WItEREAS. Julio C, Cisneros and Yadira Cisneros submitted to thc office office l lousing and
Urban Improvement Department an AI]brdable Ilo,sing Applicatmn dalcd February I. 1999 tbr a
50% waiver/50% defe~al of impact fees l~r the construclion of a house on 1.oi I0. Block 3, Naples
Manor Addition m Collier County. Florida. a copy of smd applical~on ~s ,m file in the llousing and
Urban Improvement Department: and
WIIEREAS. in accordance with Section 3.04 of lhe Regional Waler and/or Sewer Systems
Impact Fee Ordinance. Ordinance No, 98-60. Section 3.04 of the I.ihra~' Syslem Impact Fee
Ordinance. Ordinance No. 88-07. as amended; Section 4.05 of lhe Parks and Recreationnl Facililies
Impact Fee Ordinance. Ordinance No, 88-96, as amended; Seclion 3.04 of the Road Impact Fee
Ordinance. Ordinance No. 92-22. as amended; Section 3.05 of ~l~e Emergency Medical Sen'ices
System Impact Fee Ordinance. Ordinance No. 91-71. as amended: and Section 3.o5 of the Educational
Facilities System Impact Fee Ordinance. Ordinance No. 92-33, as amended; an applicant may ohlain a
50% waiver/50% deferral of im pact fees hy qualifying for a waivcr/dcfc~ak and
~VIIEREAS. Julio C. Cisncros and Yadira Cisncros have qualified Ihr an impact fee
waiver/dele=al based upon the following reprcscnlations made by Julio C. Cisncros and Yadira
Cisneros:
Thc D,.vcllinZ Uni! stroll bc ox~ ned by a first-time home buyer.
Thc Dwelling Unit shall be owned bv a household with a Iow income level as that lcm~ is
defined in the Appendices to the rcs[:cctive h;;pact Fcc Ordinances and the monlhly payment to
purchase the unit must bc within the affordable housing gnidclines cslablishcd in the
Appendices to thc respective Impact Fee Ordinances.
lhe Dwelling Unit shall be the ltomestead of the owner.
The Dwelling Unit shall remain affordable for fifteen (15))'cars from thc date the certificate of
occupancy s issued.
NOW, TIIEREFORE, lie IT RESOI,VED BY ]'lie IIOARI) O1: COUNTY
COMMISSIONERS OF COLI,IER COUNTY, FI,OR. IDA, TilAT:
The Board of County Commissioners hereby authorizes thc County Administrator to issue an
Author/zation for 50 % waiver/50% deferral of impact fees to Julio C. Cisneros and Yadira
Cisncros for one (l) house which shall be constructed on l,ot 10. Block 3, Naples Manor
Addition in Collier ('ounly. Florida.
Upon rcccipt bv thc tlmming and Urban Improvement l)ircctor of an agreement fi~r 50%
waiver/50% deferral of impact fees signcd by Julio C. Cisncros and Yadira Cisncros, or other
documentation acceptable to the County Attorney, the Board of County ('ommissJoners hereby
authorizes the payment by Collier County of the following impact fees from the Affordable
Ilousing Trust Fund. Fund (191), in the following amounts for the one (1) house lo be built al
on Eot 10. Block 3. Naples Manor Addition in Collier County. Florida hy Julio C. Cisneros and
Yadira Cisncros:
A. Library Impact Fcc
B. Road Impact Fee
C. Parks and Recreational Vrtcilities
hnpact Fcc:
¢ 1 ) Regional Parks
(2) Community Parks
D. EMS Impact Fcc
180.52
1,379.00
179.t)0
399.00
14.(}O
Educational Facilities System
hnpact Fee
1.778.f)t)
F. Scxvcr Impact Fcc
1.575.O0
Water h'npact Fee
Total Impact Fees
1.275.0{)
6,779.52
The paymcnt of impact fccs by Collier C0unty'i$ ~ubjcct to the cxccution and rccordalion of
an Affordable tlousing Agreement for p:~ymcnt of Collier County In, pact Fees between the
property owner anWor purchaser and the County.
This Resolution adopted after motion, second and majority ~.ole favoring same.
~.DWIGHT E. BROCK. Clerk
az to
$t~lature
Approved' as to form and
legal Sufficiency:
tfcidi F. Ashton
Assistant County Anon~cy
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA /
~,M ELA $. MAC'KIE, £'~ IAII~WOMAN
jd/~rt'~¢imcro~
EXIIiBIT
I,EGAL DESCRIPTION
· IUI,IO C. CISNEROS AND 't'ADIIL,~ CISNEROS IIESIDENCE
LOT I0. BLO('K 3. NAPI.ES MANOR ADDITION. ACCORDING TO TIlE PLAT TItEREOF,
RECORDED IN PI. AT BOOK 3. PAGES 67 AND 68 OF 'riie PUBLIC P, ECORDS OF
COLLIER COUNTY. FLORIDA.
60,00
LOT 10, BLDCK 3
NAPLES MANFIR ADDITI[]N
25'
CD
25'
peep ~et beck
PRFIPDSER RESIDENCE
PRESTIGE SPEC, -
39'8' X
1422 SQ FT
PRDPF]SED ELEV +8,2'
CD
C)
u
2462899 OR: 2535 PG: 1970
COI.I,IER COUNTY I.~rACT FEES
Th,_is Agreement for the Waiver of hnpact Fees entered into this ~ day of
~_.)t.x.0.~ . 1999 bv and between the Board of County Commissioners of ('oilier
County, Florida. hereinafter referred to as "COUNT'~ .... and .luho C. ('isneros and Yadira
Cisncros. hereinafter referred to as 0~\ NER.
WITNESSETIt-
WHEREAS. Collier County Ordinance No. 88-97, as amended, tile Collier County
Libra~' System hnpact Fee Ordinance; Collier County Ordinance No. 88-96. as amended, the
Collier County Parks and Recreational Facilities Impact Fee Ordinance; ('oilier County
Ordinance No. 91-71. as amended, thc Collier County Emergency Xlcdical Services Syslcm
Impact Fee Ordinance; Collier Cotmlv Ordinance No. 92-22. as amended, the Collier ('ounty
Road Impact Fee Ordinance: Collier County Ordinance No. 92-33. as amended, the Collier
Educational Facilities System Impact Fee Ordinance: and Collier County Ordinance No.
98-69, lhe Regional Water and'or Sewer Systems hnpact Ordinance. as they may be
amended from time to time hereinafter collectively refc~ed to as "Impact Fcc Ordi,ance",
provide For waivers of impact tkcs for new turner-occupied dwelling units quali(ving as
affordable housing; and
WHEREAS. OWNER has applied for a 50% waiver/50% deferral of impact fees as
required by the hnpact Fee Ordinance. a cop>' of said application is on file in the office of
Housing and Urban Improvement Department; and
WHEREAS, thc Cotmtv Administrator or his designee has reviewed tile 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 thc hnpact Fee Ordinance: and
1
OR: 2535 PG: 1971
16 10
WHEREAS. the impact fcc waiver/deferral shall be presented in lieu of payment of Iht
requisite m~pact fees subjec~ to sfitisfaction of all criteria in thc hmpact Fee Ordinm~ce quali~'ing
project as eligible for an impact fee waiver/deferral and
V*q-IEREAS, the COUNTY approved a waiver/deferral of ii,npact Ices fei,- OWNER
embodied in Resolution No. 99-/_5'at its reguklr meeting of_~:,~/_~ 1999; and
WHERE:\S. tile hnpact Fee Ordinance requires that thc O\VNER cntcr into an
Agreement with thc COUNTY.
NOgV. Tt IEREFORE. in consideration oF Ihe fore.going recitals, thc parlics cox'¢nanl ant]
agree as follows:
1. RECITALS INCORPORATED. Tile foregoing recitals arc true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (tile "Dwelling
Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference
herein.
3. TERM. OWNER agrees that thc Dwelling Unit shall remain as affordable housing
and shall be offered for sat2 in accordance with tile standards set forth in tile
appendices to thc Imp:let Fee Ordinance for a period of fifteen (15) years
commencing from the date tile certificate of occupancy ~s issued for tile Dwelling
Unit.
4. REPR. ESENTATIONS AND \VARRANTIES. O\VNI:A~. rcprcscl]IS alld warrali,ts tile
following:
a. Owner maintains a household with a Iow Income tls. defined in thc
appendices to tile hnpact Fee Ordinance and tile momhly payi,nents lo
purchase tile Dwelling Unit must be within thc affordable housing
guidelines established in thc appendices to thc Impact Fcc Ordinance;
b. Owner is a first-time home buyer;
Co
OR: 2535 PG: 1972
16/ !'a
Thc Dwelling Unit shall bc thc homc~tcad ofm~ ncr:
Thc Dwelling Unit shall remain as aflbrdablc housinu lbr fifteen (l 5) years
from thc date thc certificate of occupancy is issued {St fl~c Dwelling Unit;
and
c. OWNER is thc owncr of record of Iht l)wclling [/nit and owes impact
fees in Iht total amount of $6.779.52 pursua[ll to thc hnpact Fcc
Ordinance. In rcmm for thc 50%waivcff50% dcl~mll t)f thc impact fccs
owed bv OWNER. OWNER covenants and agrees to comply wilh thc
affordable housing impact fcc waiver qualification criteria detailed in thc
hnpacl Fcc Ordinance.
5, SUBSEQUENT TRANSFER. If OWNER sells the Dxvelling Unit subjcc{ to the
impact fcc waivcr/dcfemal to a subsequent purchaser or rcmcr, thc Dwelling Unit
shall bc sold o~Ix' to households meeting thc criteria SCl timh in Ihc Impact Fcc
Ordinance.
6, AFFORDABLE REQUIREMENT. The Dwelling Unit must hc uti izod lbr affordable
housing tbr a fifteen (15) year period after thc date Ibc certificate of occupancy is
issued: and if the Dwelling Unit ceases to be utilized for that pt[~ose during such
period, thc impact Fees shall be immediately repaid to thc COUNTY. except for
waived impact l~es if thc dwelling unit has becn used for affordable housing For a
continuous period of filiccn years after thc date thc cch ficatc of occupancy is issued,
7. LIEN. Thc waived/deleted impact fees shall be a lien upon thc property which lien
may be forccloscd upon in Iht event oF non-compliance with thc rcquircmcnts oF this
Agreement.
8. RELEASE OF LIEN. Upon satisfactory complction of thc Agrccmcnt requirements
and fil~ccn (15) years al~cr thc dale (*t'iss{ancc (>i'thc ccrt~ficalc of occupancy, or
upon paymcnt oF thc xx aired re]pact fees. and upon payment of thc dcFcmcd impact
OR: 2535 PG: 1973
fees. thc COUNTY shall, at thc expense of the COUNTY. record :my necessary
documentation evidencing the termination of the lien. including, bt,t not lirnitcd to. a
release of lien.
O. BINDING EFFECJT. Tiffs Agrccmcnt shall be binding upon Ibc parties Io this
Agreement and their respective heirs, personal representatives, successors and
assigns. In the case ~f salt2 or Iransfcr by gift or the Dxvclling Unit. Ihe original
OWNER shall remain liable for the impact fees waived/deferred until said in:pact fees
arc paid in full or until lhe conditions set forth in the hnpacl Fee Ordinance arc
satisfied. In addition, this Agreement shall run with thc land and shall remain a lien
against tile Dwelling Unit unlil tile provisions of Section 8 arc satisfied.
I0. RECORDING. This Agreement shall be recorded by O\\;NER at thc cxpcnsc of
OWNER in Ibc Official Records of Collier County. Florida. within sixty (60) days
after execution of this Agreement by the Chaimlan of tile Board of County
Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement ~1 ) where OWNF. R fails
to sell thc Dwelling Unit in accordance with tile affordable housing standards and
qualification criteria established in tile Impact Vee Ordinance and thereafter fails to
pay tile impact fees xvithh~ 30 days of'sakl non-compliance, or f'2) where OWNER
violates one of the affordable housing qualificalion criteria in Ihe Impact Fee
Ordinance for a period of thirty (30) days after notice of thc violation.
12. REMEDIES. Should the OWNER of thc property fail tt> comply with thc said
qualification criteria at any time during lbo fifteen (151 year period or should
OWNER violate any provisions of this Agreement. the impact fccs waived/deferred
shall be paid in fifil bv OWNER within 30 days of said non-compliance. OWNER
agrees that tile impact fees waived/deferred sMll constilute a lien on tile Dwelling
Unit commencing on tile effective date o£ this Agreement and conlinumg until rep:fid.
OR: 2535 PG: 1974
Such lien shah be superior and pnrm~oun! ~o ~hc ~n~ercs~ m fi~o DwdHng Unh of any
owner, ~sscc. ~cnam. momgagce, or mhcr pcrsen cxccp~ fi~c ]~cn for ('oun~y mxcs and
shah bc on pafi~y whh fl~c Hen oFany such Coumy rexes. ShouM tim OWNSR bc
default of this Agreement. and the default is not cured wilhin Ihifly (30) days after
written notice to OWNER, the Board may bring civil action lo enforce this
Agreement. In addition, the ich may be Foreclosed or othcnvise enforced hy
COUNTY by achon or suit m equity as tbr the fi~rcclosurc of a mortgage on real
propc~y. This remedy is cumulative with any other right or remedy available lo thc
COUNTY. Thc Board shall be entitled to recover all atlomcy's Fees, incu~ed by the
Board in enforcing this Agreement. plus interest at thc staluto~' rate For judgments
calcvlatcd on a calendar clay basis until paid.
IN WITNESS \VI IEREOF. tile panics have executed
?:Waivcr/Dcfe~al of Impact Fees on thc date and year first above written.
this Agrccmcnt For
Witnesses:
Print Name~.2~ ·
OWNER:
ros
Name.
STATE OF ~ .,~.~:~)
COUNTY OF
~ ,-_ ~._.<______ )
The foregoing
instrumcnt was acknowlcducd hcforc mc this ,:9_~/;_ day of
1909. hy Julio C. Cisneros. lie is personally known to mc-or produe~
(ty~e-nf-identi fi~il~7~/a.'~ dentificat ion.
[NOTARIAL SEAL]
Witnesses:
Print Nam~_.,
'tint Name_._~?.,,, ....
OR: 2535 PG: 1975: 5
OWNER:
'Sradira Cisncros
STATE OF )
COUNTY OF
The foregoing instrument was acknowledged before me this 4~_ day of
.:'~?~~~ ~, 1999. by Yadira Cisncros. She is personally known to mc or~r~
(t}~e o~~~[on.
'NOTARIAL SEAL]
~:' '~/" ~)WIGHT E. BROCK. Clerk
~tg~t. Ure on}.y.
BOARD OF COUNTY COMISSIONERS
COI. LI[:.R COUNTY. FI.ORII)A
'PALM ELA ,~- ~~~OMAN
/
Approved as to form and
legal sufficiency
F. Ashton
Cotmty Attorney
jd/c/agrccmcnl~/clsncros
6
OR:
2535 PG:
1976
I0
EXIIIBIT 'A'
I.EGAL DISCRII'TION
.IUIAO C. CISNEll. OS ,',.ND YADIRA CISNEROS RESII)ENCI.;
I.OT 10. BLOCK 3. NAPI.ES MANOR ADDITION. ACCORDING
TO TIlE PI.AT I'[tEREOF. OF RECORD IN PLAT Be)OK' 3, PAGF. S.
67 AN[) 6,S. OF TIfE PUBLIC RECORDS OF ('OLLIER COUNTY,
FLORIDA.
r
50,00
*** OR: 2535 PG: 1977
LOT 10, BLOCK 3
NAPLES MANFIR ADDITIDN
85' rear set back
PROPDSER RESIDENCE
PRESTIGE SPEC. -
39'8' X
1488 SQ FI
PROPOSED ELEV +8,8'
U
Front set bac ~l
$¢~'~ / "'-,%o '
8