Resolution 1999-192 RESOLUTION NO. 99.. 192
RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONF. R$.
COLI.IER COUNTy. FI.ORIDA. AUTIIOR~ZING $0% WAIVER 50%
DEFERRAL OF I.[BRARY SYSTEM IMPACT FEES. PARKS AND
RF.('REATIONAL FACII.ITIF. S IMI'AC'F FEES. ROAD IMI'Af
EMF. Rf;ENCY MF.I)ICAI. SF.R\qCF. S IMI'AC[' [:EES. I{I)t,'('A'I'I(~NAI.
FACILH IES SYSTEM IMI'ACq' FEES AND WATF. R AND:(~R SEWER
IMPACT FEES FOR ONE I IOUSE TO BF. CONSTItU('TF.I~ 113' RENE
'H~,EJO ¢)N LO'F o. BI.O('K 6. NAI'I,ES MANOR ANNEX. IN ('OI.I.II{R
COlIN"FY. FI.ORIDA.
'sVIIEREAS. Collier County has recognized and attempted to address the lack of adcqu;ttc and
affordable housing for moderate. Iow. and very-low income households in thc Uotmlv and the need for
creative and innovauve programs to assist in the provision of such Ilousing bv inclt~ding scvcral
provisions m thc Ct)flier Ccmntv (Jro:~.lh Managcmcnt l'I;m, inchiding: ol:,jcctlvc 1.4. policy 1.4.1;
objective 1.5, policy 1.5.2. policy 1.5.3. pol/cy 1.5.4. policy 1.5.5, policy 1.5.6; -bjcctivc 1.6. policy
!.6.3; objectv¢ 2 I. po cv 21.I, polcv 2.12, policy '~1'l polcv 21 5 'mi relic,. * I 6 of the
ttousing Element; and .'
~!!"~:3'~ WilEREAS. Collier Count>, has received fi, nding pursuant to the State llousing Initiatives
Partncrshin. Proeram~ set forth in .Section 420.907 ct. seo... Florida St~m,tcs a~ltl Chapter 91-37. Florida
Administrative Code; and
WIIEREAS. in accordance v, ith Collier County Ordinance No. 93-19. thc County is
authorized to usc funding from thc State lhmsing Initiatives Parlncrship [SIlIPJ Prognm~ for waivers of
Collier County impact fees: and
WIIEREAS. Rcne Trcjo is seeking a 50% waiver/50% deferral of impact fees; and
WIIEREAS. Rcne Trcjo '.,,'ill construct a four bedroom unit (fl~c "Dwelling Unit") m~ I.ot 6.
Block 6. Naples Manor Annex in ('oilier County. Florida: and
WIIEREAS. Ibc Dwcllinu 1'nit will be ov. ncd by u [~x,, income hot~schold, and
WtlEREAS. Reno Trcjo suhmiltcd lo thc office of tile thmsi,g and ljrban Improvement
Department an :'~ffordablc llot,sing Applicvtion dated I:cbmarv 22. 1~)99 fi~r a 50% waiver/50%
deferral of impact fees for the construct,on of a hotlSC on Lot 6. Block 6. Naples Manor Annex in
;ounty, Florida. a copy of said application is on file in the I lot,smg and Urban Improvement
Department: and
WI IEI~.EAS. in accordance with Section 3.114 of tile Regimml XVatcr and/or Sewer Syslems
Impact Fcc Ordinance. Ordim,ncc No. 98-60. Section 3.04 of tile Library System Impact Fcc
Ordinance. Ordinance No. 88-97. as amcndcdi Section 4.05 of' thc Parks and Rccr¢:,tional Facilities
?Impact Fee Ordinance. Ordinance No. 88-96. as amended: Section 3.04 of the Road Imrmct Fcc
Ordinance. Ordinance No. 92-22. as amentlcd; Section 3.05 of the Emergency Medical Services
System Impact Fee Ordinance. ()rdin:,nce No. 91-71. as mncnded: and .%cctmn 3.{~5 t~l'the Eth~calional
Facilities System hnpact Fcc Ordinance. Ordinance No. 92-33, as amcndcd; un applicant may oblain a
50% waiver/50% dcfegal of impact fees by quali lying for a waivcr/dclL, rral: and
WIIEREAS. Rcnc Trcjo has qualillcd lbr an impact fcc waivcr'dclk'rral based upon thc
following rcprcscmanons made by Rcne Trcjo:
A. Thc Dwelling Unit shall bc ox~ ned by a first-time borne buyer.
B. Thc Dwelling Unit shall bo owned by a household with a Iow income level as tim/ /cnn is
defined in the Appendices to the respective/mpact Fee Ordinances and Ibc monthly payment 1o
purchase thc un't must be within thc affordable housing guidelines established in the
Appendices to the respective Impact Fee Ordinances.
C. The Dwelling Unit shall be ihe llomcstcad oflhe owner.
D. The Dwelling Unit shall remain affordhblc for fifteen (15) years from thc date the ccnificale of
occupancy is issued.
NOW. TilEREFORE. BE IT RESOI.VED II5' TIlE
COMMISSIONERS OF COI.I.IER COUNTY, FI.ORIDA, TIIAT:
BOAI,H) OF COUNTY
Thc Board of County Commissioners hereby authorizes the County Administrator to issue an
Authorization for 50 % waiver/50% deferral of impact fees to Reno Trcjo for one (1) house
wh/ch shall be constructed on Lot 6. Block 6, Naples Manor Annex in Collier County, Florida.
Upon receipt by thc Housing and Urban Improvement Director of an agreement for 50%
waiver~50% deferral of impact fees signed by Reno Trejo. or other documentation acccptahle to
the County Attorney, the Board of County Commissioners hereby anthorizcs thc payment by
Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund
(191), in tile following amounts for tile one (1) house to be built at on Lot 6, Block 6, Naples
Annex in Collier County. Florida by Rene Trejo:
Manor
A. I.ibrary Impact Fcc S 180.52
B. Road hnpact Fee 1.379.00
C. ['arks anti Recreational Facilities
hnpact Fcc:
( 1 ) Regional Parks 179.00
(2) Community Parks 399.00
D. EMS Impact Fee 14.00
Educational Facilities System
Impact Fee 1.778.00
F. Sev. cr Impact Fee 1.575.00
V'.'atcr Impact Fee 1.275.09
Total Impact Fees S 6,779.52
3. The payment of ir fees by Collier County is subject to the execution and recordation of
an Affordable Ho g Agreement for payment of Collier County hnpact Fees between the
property owner and/or purchaser and the County.
This Resolution adopted after motion, second and majority vote favoring same.
DWIGHT E. BROCK, Clerk
Signature
^pprovea a~form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
'PAMELA S. MAC'KIE. CHAIRWOMAN
Heidi F. Ashton ,~?"
' Assistant County Attorney '~
16 A12,,
EXttlBIT "A"
I.EGAL DESCRIPTION
RENE TREJO RESIDENCE
LOT 6. BLOCK 6, NAPLES MANOR ANNEX, (AKA 5222 CALDWELL STREET)
ACCORDING TO TIlE PLAT TItEREOF. RECORDED IN PLAT BOOK I. PAGE 110 OF TIlE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA.
2535 PG: 1962
AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF 100% OFj.
COLLIER COUNTY IMPACT FEES
:.,: This Agreement for thc Waiver of hnpact Fees entered into this ,"._~ day of
~'~ ~ , 1999 by and between the Board of County Commissioners of Collier
; County, Florida, hereinafter referred to as "COUNTY" and Rcne Trejo, hereinafter referred to as
"OWN£ R."
~!.WITN ES S ET H:
\VHEREAS. Collier County Ordinance No. 98-69, Collier Coumv Regional Water and/or
Server Systems hnpact Fcc' Collicr County Ordinance No. 88-97, as amcmlcd, thc Collier
County Library System Impact Fcc Ordinance; Collier County Ordinance No. 88-90, as
amended, the Collier County Parks and Recreational Facilities Impact Fcc Ordinance; Collier
County Ordinance No. 91-71. as amended, the Collier County Emergency Medical Services
System Impact Fcc Ordinance; Collier County Ordinance No. 92-22. as amended, the Collier
' Coumy Road hnpact Fee Ordinance; Collier County Ordinance No. 92-33. as amended, the
Collier County Educational Facilities System hnpact Fee Ordinance; as they may be furthei'
amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance",
provide for waivers of impact fees for new owner-occupied dwelling units qualifying as
· affordable housing; and
W}tEREAS. OWNER bas applied for a 50% waiver/50% deferral of impact fees as
required by thc hnpact Fcc Ordinance. a copy of said application is on file i)~ the of'rice of
Housing and Urban hnprovemcnt Department: and
XVIiEREAS. the County Administrator or his designee has reviewed the OWNER'S
)lication and has found that it complies with thc requirements For an affordable housing 50%
waiver/50% deferral of impact fees as established in thc Impact Fee Ordinance; and
OR: 2535 PG:
WItEREAS. thc impact Fee waiver/deferral shall be presented in lieu of payment of Ihe
requisite impact fees subject to satisfaction of all criteria in thc Impact Fcc Ordinance qualifying
ect as eligible for an impact fee waivcr/defe~al and
WItEREAS. the COUNTY approved a waiver/title,al of impact I~es For OWNER
embodied in Resolution No. 99-,~ at its regular meeting of ' 1999: ami
W}tEREAS. thc Impact Fcc Ordinance requires that thc OWNEI{ enter imo an
Agreement with lhc COUNTY.
NOW. THEREFORE. ~n consideration of the foregoing recitals, thc parties coven;mt and
"agree as follows:
I. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be inco~mratcd by reference herein.
2. LEGAL DESCRIPTION. Thc I'cgal descriptio, of thc dwelling unit (thc "Dwelling
Unit") and site plan is at/ached hereto as Exhibit "A" and incorporated by rcfcrcncc
herein
3. TERM. OWNER ;~grces thai the Dwelling Unit shall remain as affordable housing
and shall be offered For sale in accordance with thc standards set forth in
appendices to thc Impact Fcc Ordinmncc for a period of []flccn (15} years
commencing from thc dale thc ccrtificatc of occupancy ~s issued fi)r thc Dwelling
Unit.
4. REPRESENTATIONS AND ~VARRANTIES. OWNER represents m~d warrants the
Following:
a. Owner maintains a household with a Iow income as defined in thc
appendices t0 the Impact Fcc Ordinance and lhc monthly paymcnls to
purchase the Dwelling Unit must be within the affordable housing
guidelines established in the appendices lo thc Impact Fee Ordinance;
b. Owner is a first-time home buyer;
OR: 2535 PG: 1964
I A12
c. Thc Dwclling Unil shall bc thc homcstcad ofow.cr;
ct. The Dwelling Unit shall remain as affordable housi,g for fifteen (I 5) years
from thc date thc certificate ofocct,pa,cy is issued fbr thc Dwelling U,it;
and
c. OWNER is thc owner of record of lhc l)wclling Unit and owes impacl
fees Jn thc total amount of S6.779.52 pursuant Io tim lmpacl Fcc
Ordinance. In return for thc 50%waiver/50% deferral of thc impacl fccs
owed bv OWNER. OWNER covcnanls a.d agrccs to comply with thc
affordable housing in]pact fcc waiver qualJficalJon crilcrJa dclailcd
Impact Fcc Ordinance,
5. SUBSEQUENT TRANSFER. If OWNER sells thc Dwclli.g Unit s.bjccl
bnp~ct fee wmvcr/dcl%rral ~o a subscqucn[ p.rchascr or rc.[cr, fl~c Dwelli.g Unil
shall bc sold only Io houscholds meeting tile crhcrm scl fomh in Ibc Impact Fcc
Ordinance.
6. AFFORDABLE REQUIREMENT. Thc Dwelling Unit must be .tilizcd for affordable
housi.g for a fifteen (15) year period after Ibc dale lilt cc~ificatc of occupancy
issued: and if Ibc Dwe/li.g Unit ceases to be utilized for Ihat purpose duri.g such
period, lhe m~pact fccs shall be immediately repaid to lhc COUNTY. cxccpt for
waived impact fccs if thc dwclling tmJt has bccn used for affordable housing for
continuous period of fiflecn years after thc dale Ibc ccrlificalc ofoccupm]cy Js issued.
7. LIEN. Thc waived/deleted impacl fees shall be a lie. upon thc propcrly which lien
may bc foreclosed upon in lhc event of non-compliance w~th thc requirements
Agrccmcnt,
8, REI.HASE OF LIEN. Upon satisfaclory complclion of Ibc Agrccmcnt rcqtfircmcnts
and fifteen (15) years after fl~c dutc of isstm.cc of thc ccrtJfic~lc of occupancy, or
upon payment of lhc waived impact fees, and upon payment of thc deleted impact
fees. the COUNTY shall, at tile
OR: 2535
1965
cxpcnsc of tile COUNTY, record any ncccssary
documentation evidencing tile tcm'fination of thc lien, includi,g, but ,lot limited to, a
release of lien.
9. BINI')ING EIrFECT. This Agreement shall be binding upon tile parties to this
Agreement and their respective heirs, pcrsonal representatives, successors and
assigns. In thc case of sale or transfer by gift of the Dwelling Unit, the original
OWNER shall remain liable for tile impact fees xvaivcd/dcfcrred until said impact fees
are paid in full' or until the conditions set forth in thc Impact Fee Ordinance are
satisfied. In addition, this Agreement shall nm w/th tile land and shall remain a lien
against tile Dwelling Unit until tile provisions of Section 8 arc satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at Ifc expense of
OWNER in tile Official Records of Collier County, Florida, within sixty (60) days
after cxeculion of lhJs Agreement by tile Chairman of tile Board of Counly
Commissior~crs.
1 I. DEFAULT. OWNER shall be in default ofthis Agreement (1) where OWNER fails
to sell the Dwelling Unit in accordance with tile affordable housing standards and
qualification criteria established in tile hnpact Fcc Ordinance and thereafter Fails to
pay the impact fees within 30 days ofsaid non-compliance, or (2) where OWNER
violates one of the affordable housir~g qualification criteria in tile hnpact Fee
Ordinance for a period ofthirly (30) days after notice of the violation.
12. REMEDIES. Shoukl the OWNER of the property fail to comply with thc said
qualification criteria at'any time during the fifteen (15) year period or should
OWNER violate any provisions o'f this Agreement, the impact fees waived/deferred
shall be paid in fifll by OWNER within 30 days of said non-compliance. OWNER
agrees that the h'npact fees waived/deferred shall constitute a lien on thc Dwelling
Unit commencing on the effective date of this Agreement and continuing until repaid.
OR: 2535 PG: 1966
Such lien shsH bc superior and paramoun~
Witnesses:
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
default of this Agreement, and the default is not cured within thirty (31')) 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 the
COU'NTY. The Board shall be entitled to recover all attorney's fees, incurred by the
Board in enforcing this Agreement, plus interest at thc stamtoD, rate for judgments
calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for
1 of Impact Fees on the date and year first above written.
OWNER:
/ ,,(~.')~
Rcne Trejo
STATE OF
COUNTY
The foregoing
./~r).,..~ ~,. ,.._.
[NOTARIAL SEAL]
instrun~cnt was acknowledged before mc this , ,.> day of
, 1999. by Rcne Trejo. He is personally known to me or produced
(type of identification) as identification.
,~i'~naturo or Person Taking Acl~6wledgment
OR: 2535 PG: 1967
:~?~
,DWIGHT E. BROCKS.Clerk
!:Approved as to form and
gal sufficiency
BOARD OF COUNTY COMISSIONERS
COLLIER COUNTY. FLORIDA
~AMELA S. MAC'KIE. CHAIRWOMAN
F. Ashton
Assistant County Atton]ey
OR:
2535 PG: 196t
16A12
EXIIIB[T 'A'
LEGAL DISCR[PTION
RENE TREJO
LO'F 6. BLOCK 6, NAPLES MANOR ANNEX, (AKA 5222 CALDWELL
STREET) ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 1, PAGE 1 I0, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
7