Resolution 1996-335
Ilf:SOLlITlON NO. %.~
AUG - 6 1996
IlESOI.UTION OF Tin: 1l0AI1Il OF COUNTY
CO,\I~IISSIONI:IlS. COI.Llr.1l COUNTY. FI.OIlIllA.
A IITllOlllZING I'A nl ENT OF LlIlI!'''lY SYSTE~I
IMPACT FEES. I'AIlKS ANllllECllEATIONAI.
FACl1.1TIES I,\II'MT FEES.1l0AIlI~II'M:T FEES.
E~If:llGENCY MEIlICAI. SEIlVIO:S S\'STHII~II'ACT
FEES ANIl r.IlUCATlONAI. FACILITIES SYSTE~IIMI'.\CT
FEES FOil ONE 1I0USE TO liE CONSTlllICTED IlY
SIIEII.A ~1. SIIAIlI' AT J7RI 24'" AVENUE: N.L.
COI.1.1r./l COUNTY. FI.OIlIllA.
\VIIEHEAS, Collier COllllty has recognized HIlll allclllplcd 10 nddrcss the Inrk of
ndrqllntr nud ;dTnrdHhlr hOllsing for llltHlcnllr. low, :lIId vCI"y.low incomc hOllScholds in the
COllllly and the llccd for crcali\'c :111(1 illllovalin f1rogr:IIIl.~ 10 ~Hsi~l iUlhc provision or such
housing by including severn I provisions ill the Collier COllllly Growlh i\1:tnngclllcn( Plnn,
including: ohjeclivt' lA, poliC) 1.4.1: ohjrclive I.~. policy 1.5.2, policy 1.5.3, Jlolicy 1.5.4,
policy 1.5.5, flolicy 1.5.6; obje:clivl' 1.6. policy 1.6.3; objective 2.1. policy 2.1.1. policy 2.1.2.
polic)' 2.1.3. policy 2.1.5. nnd polic)' 2,1.6 or the lIollsing ElelllC'lIl; lIud
WHEREAS, Collier COll/lly !Ins !"ecrind rllllding jlurSllll/lllo lhe SUite 1I0using
lnilialives Pnrtncrship Progrlllll sri rorlll in Seclioll 420.907 cl. sm., Floridll Stllllllcs :111(1
ChRptrr 91-37, Floridn Admillislralive Code; and
WHEREAS, ill llccordallce ,'rilh Collier" COllllly Ordiunllce No. 93-19. Ihc COUllt)' is
lllllhoriud 10 llSC rlllldillg rnJlll Sllllr IlnllSillg IlIirialiv('s P!lrlllrrship 15111111 Progr:U1I for
waivers Or Collier COlin I)' impacl rees; :tlld
WIIEHEAS. SIH'ila 1'1. Shnrp is seeking fl wllh'('r of il1JflncI recs; flnd
WHEREAS, Sheila M. Sharp will COllslnlcl a Ihree (3) hedroom unit (the "Dwelling
Unit") 011 3781 241h A \'CIl lJr N. E.. Collier COUll I)'. Floridll which is proposed to sell for
Sixly-Niut' Thollsflnd Seven lIundred Dollars (SG9,700.(0); lllHI
WHERL\S. the Dwelling linit will he oWlled b)' n \'(1)'low income household. nlld
\VllfREAS, Sheil:1 rd. Shnrp slIhmilttd to the 1I0llsing nlld LJrbnn Improvement
Dcpnrllllellt llll application dIlled !\Ilril 22. 19% for II waiver of imparl fees for the
cOllstruction ora hOllsc at 37RI 241h ^vrl1l1e N. L. Collier COUllt)', Floridn, n copy orsaid
application is 011 file in the 1I0l/sing and Urban Improvement Department: and
WIIEnEAS.;1l accordance willi Secliou3.04 of the Libnlr)' Syslcmlmpnct Fee
Ordinance, Ordinallcr No. 8~~07,:ls ;iIlH'Il(!el!; Section 4.05 of Ihe P;irks and Uecrentional
1001 000" 106
AUG - 6 1996
F;lcililie.~ (mpnel Fer OrdillJlllCe, Ordinnncr No. 88-96. as amended; Section 3.04 of lhe
Rond Impacl Ft.c Ordinnncc. Ordillflllce No. 92-22, llS all1(,lIdcd; Section 3,05 of the
Emergenc)' 1\1cdiclll Services S.YSlcllI Impne! Fcc Onlinnncc, Ordinance No. 91-71, as
nrncndcd; find Section 3.05 of the Educnlionnl Fncililics System IllljlflCI Fce Ordinance,
Ordill:1nCe No. ~J2.33. flS amended: fll' appticlllll may obtain n wniver of illlJlrlCI fees by
qllnljfying for:t wninr; nlld
\VHEREAS, Sheila 1\1. Shnrl' has qllnlifiecl for nn iJllp:1cl fe(' w:liver h:lscd UpOII the
following rcpreselll:HiollS l1I11cle by Sheiln M. Sharp:
A. The Dwelling lJnil sll.1JJ be owned h)' a firsHimt hOll1e buyer.
B. The Dwdlillg lInil .'ihrlll h(' (Jwllr(/ hy n hOllsehold with :1 VCI)' low income level n~;
Ihnl t('nll is defined in the Appelldiccs to the respcctive Impact Fee Ordinances
and the monthl)' paymcnl 10 purchase the lInillllllsl be within the ;:trTordable
housing guidelincs cstnblislH'd ill the ApJlendices to thc resJlcctive Imp;:tct Fee
Ordinnnces.
C. The Dwellillg Unit shnll be the flornestend of the owner,
n. The n",'elling llllil shilll remain nrTordnhle for fifteen (IS) yenrs from the date tht
cerliric,lle of OCClJp,lllC)' is isslled.
WHEREAS, Sheiln 1\1. Shllrp has requesled thai the County sllbordinnte its righls,
interesl and lien 10 OWller's primary lender.
WHEREAS, OWller hns pro\'ided sufficient docUllIent;:tliOI1 thnt it requires a
subordinntioll of the COllllly's illlpnct fees 10 Owner's primal)' lender.
NOW. TlIEIlEFOllE. liE IT IlESOLVElJ flY TIlE 1l0A/lD OF COUNTY
CO~I.~IJSSIONE/lS OF COLLlE/l COUNTY. FLO/l1l)A.lhnl:
J. The Board OfCotlllly COllllllis~iollers hereby rllllhorizes tile COllllt)' i\lanager 10
issue flll Authorization for waiver of impacI fees 10 Sheila M. Sharp for aile (I)
hOllSe which shnll h(. constructed nt 378124111 Avelllle, N. E.. Collier COUllty,
Florida.
2. Upon receipt hy llll' Ilollsirlg and Urban IlIIpro\'(,l1Icnl Direclor of nil agrcemcnt
for waiver signed by Sheiln 1\"1. Sl1aqJ, Ot. other doculllentntion ncceptnble to the
County Attorney, the BOlll'd of Coullty COlllmissioners hereb)' authorizes the
paymellt by Collier COIIII,)' of the following impnct fees from the AITordnble
IOO( 000 OJ" 107
2
AUG - fi 1996
Housing Trust Flllld, Fund (191), illlhe following nmOllll!S fo,' the olle (I) house
to be buill:\l 3781 2-1lh Avenlle. N. E.. Collie,' COllllly. Florida by Sheila M.
Shnrp:
n) Library Impncl Fcc
$ I RO.52
h) Hand Impact Fee
1.379.00
c) Parks llud Recreational Fncilitics
Impact Fcc (Regional Parks)
179.00
<I) EMS Impncl Fer
14.00
e) Educational Systems (mpne! Fee
1.778.00
TOTAL IMPACT FEES
$3.530.52
3. The pnYlIlcnl of impact fees by Collier COli Illy is subject to the execulion and
recordation of All Affordable Housing Agreement for payment of Collier Coullty
Impact Fees bt'lweCII the properly owner nnd/or purchaser and the County.
Snid Agreemcnt shflll provide IlInt lhe lien for the above referenced Agreement
shall be subordinAted 10 the liell of the prilllfwy lender.
This Resolution ..dopled flfler mol ion, .second ;111<1 majority vole favoring sflrne.
DATED: t1h
ATTEST:
D\V1GIIT E. BROCK. cr,,'k
BOAHD OF COUNTY COMMISSIONEHS
COLLlEH COUNTY, FLOHIDA
\~ t. "~~."-4.:' 9~
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. . .
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Approved flS to form find
legal.sufficiency:
bt rL.1- )WLA----
lIeidi F. Ashton
As.si.stflJlt COllllty Allornc)'
1001
oon 'I" lUg
3
EXHIBIT ItA"
LEGAL DESCRIPTION
The west 7S teet ot the east 180 teet ot
Tract No. 112, Golden Gate Estates, unit
No. 71, according to the plat thereat,
ot record in Plat Book 5, Page 7, of tho
public records of Collier County,
Florida.
lOOK 000 W.; 109
- 4 -
AUG - 6 1q9fl
2085853 OR: 2215 PG: 0017
mOROID in OmClAL mORDS of CDLm! :oum. n
Di/Dlm aIIO:S!!! DIIGKI I. BRm, CLII!
RlCIlI
coms
Retn:
CLiRl 10 !KI BO!ID
AGREEMENT FOR WAIVER olJITlROmCI IlK nOOR
III 7210
COLLIER COUNTY IMPACT FEES
AUG - 6 1996
This Agreement tor the Waiver ot Impact Fees ontered into
~hi. --L clay ot ~/ .-;[" ",'-. by ancl between the Board. or
county Commi..lonere of Collier county, Florida, hereinafter
referred to as "COUNTY" and Sheila M. Sharp. hereinafter
referred to as "OWNER."
WIT NEB BET H:
WHEREAS, Collier County Ordinance No. 88-97, as amended,
the Collier County Library System Impact Fee Ordinance; Collier
County Ordinance No. 88-96, as amended, the Collier County
Parks and Recreational Facilities Impact Fee Ordinance; Collier
County ordinance No. 91-71," as amended, the Collier County
E:nergency Med leal
services
System
Impact Fee ordinance;
Collier County Ordinance No. 92-22, as amended, the Collier
County Road Impact Fee Ordinance; and Collier County Ordinance
No.
92-33,
amended,
a.
the
Collier
County
Educational
Facilities System Impact Fee Ordinance, as they may be further
amended from time to time hereinatter collectively referred to
as IlImpact Fee ordinance", provide for waivers of impact fees
for new owner-occupied dwelling units qualifying as affordable
housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as
required by the Impact Fee ordinance,
a copy of
said
application is on file in the Housing and Urban "Improvement
Department; and
WHEREAS, Owner has requested that the C~unty subordinate its
rights, interests and lien of impact fees to Owner's primary
lender; and
WHEREAS, the County Manager or his designee has reviewed
tho OWNER's application and has found that it complies with the
requirements for an affordable housing waiver of impact tees as
established in the Impact Fee ordinance; and
!OOI 000 ",.110
- 1 -
~
ll.CC
3.00
.
OR: 2215 PG: 0018
AUG - 6 1996
WHEREAS, the impact fee waiver 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; and
WHEREA.B, the COUNTY approved a waiver of impact f..s for
CoWNER embodied in ReSOlution No. 96- ?.lSAt its regular meeting
of
//'.J f t
1996; and
WHEREAS, the Impact FA~ ordinance requires that the OWNER
enter into an Agreement with the COUNTY.
NOW,
in
foregoing
consideration
of
the
THEREFORE,
recitals, the parties covenant and agree as follows:
1.
The foregoing recitals are
RECITALS INCORPORATF.O.
true and correct and shall be incorporated by reference herein.
2.
The legal description of the
LEGAL DESCRIPTION.
dwelling unit (the "Dwelling Unit") is attached hereto as
Exhibit II1\," and incorporated by reference herein.
3.
TERM.
OWNER agrees that the Dwelling Unit shall
rem~in as affordable housing and. shall be offered. for sale in
accordance with the standards set forth in the appendices to
the Impact Fee Ordinance for a periOd of fifteen (15) years
c?mmencing from the date the certificate of occupancy is issued
for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and
warrants the following:
a. Owner maintains a household with a very low
income as defined in the appendices to the
Impact Fee Ordinance and the monthly payments to
purchase the Dwelling Unit must be within the
affordable housing guidelines established in the
appendices to the Impact Fee ordinance;
b. Owner is a first-time home buyer;
1001 000 "" 111
- 2 -
I
OR: 2215 PG: 0019
AUG - 6 1996
c. The Dwelling Unit shall be the homestead of
owner;
d. The Dwelling Unit shall remain 4:) attordable
housing for fifteen (15) years from the ~ate the
certificate of occupancy is issued for the
Dwelling unit; and
e. OWNER is the O\fner of record ot the Dwelling
r. ,
. I
I .
I ,
I . i
unit and owes impact tees in the total amount ot
$3 I 53 O. S2 dollars pursuant to the Impact Fee
ordinance.
In return tor the waiver of the
impact fees l">wed. by OWNER, OWNER covenants and
agrees to con,ply with the affordable housing
.
c
, .
impact
waiver
fee
qualification
criteria
,
I . J 'I'
I
I '.
'.
,
. I I .
'\
I
I .
I
I
I
i
!
,
detailed in the Impact Fee Ordinance.
5.
SUBSEQUENT TRANSFER.
If OWNER sells the Dwelling
Unit subject to the impact fee waiver 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 (lS) year period
after the date the certificate of occupancy is issued; and if
the Dwelling unit ceases to be utilized for that purpose during
such period, the impact tees shall be immediately repaid to the
COUNTY.
7.
LIEN.
The waived impact fees shall be a lien upon
the property which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement. Based
upon sufficient evidence provided by Owner,
Owner has
damonstrated that a subordination of the County's rights,
interests and lien is necessary to obtain financing to purchase
the Dwelling Unit. The County and Owner agree that all of the
County's rights, interest and lien arising under this Agreement
shall be made junior, interior and subordinate to that certain
mortgage loan from Countrywide Home Loans, Inc. to Owner in the
amount of $67,578.
lOOK 000 w' 112
I
- " -
OR: 2215 PG: 0020
AUG - 6 1996
8. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements and fifteen (15) years after the date of
issuance of the certificate of occupancy, or upon payment of
the waived impact fees, the COUNTY shall, 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.
9. BINDING EFFECT. This Agreement shall be binding upon
the parties to this Agreement and their respective heirs,
personal representatives, successors and assigns.
In the case
of sale or transfer by gift of the Dwelling Unit, the original
OWNER shall remain liable for the impact fees waived until said
impact fees are paid in full or until the conditions set forth
in the Impact Fee OrdinancQ are satisfied.
In addition, this
Agreement shall run with the land and shall remain a lien
against the Dwelling Unit until the provisions of Section 8 are
satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER
at the expense of OWNER in the Official Records of Collier
County, Florida, within sixty (60) days after execution of this
i\greement by the Chairman of the Board of County Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement
(1) where OWNER fails to sell the Dwelling Unit in accordance
uith
the
affordable
housing
standards
and qualification
criteria established in the Impact Fee Ordinance and thereafter
fails to pay the impact fees due within thirty (30) days ot
said non-compliance, or (2) where OWNER violates one of the
ll,ffordable housing qualification criteria in the Impact Fee
ordinance for a periOd of fifteen (15) days after notice of the
violation.
12. REMEDIES.
Should the OWNER of the property fail to
comply with the said qualification criteria at any time during
the fifteen (15) year period or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within 30 days of said non-compliance.
100!
- 4 -
000 ",,113
OR: 2215 PG: 0021
AUG - 6 1996
OWNER agrees that the impact fees waived shall constitute a
lien on the Dwelling Unit commencing on the effective date of
this Agreement and continuing tor fifteen (15) years from tho
date of issuance of the certificate of occupancy or until
repaid.
Except as provided in paragraph 7, such lien shall be
superior and paramount to the interest in the 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.
3hould the OWNER be in default of
this Agreement, and the def~ult 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
sui t in equity as for the foreclosure of a mortgage on real
property.
This remedy is cumulative with any other riqht or
remedy available to the COUNTY. The Board shall be entitled to
recover all attorney's fees, incurred by the Board in entorcinq
this Agreement, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this
Agreement for Waiver of Impact Fees on the date and year first
aboye written.
Witnesses:
~p>'>G/.J J..?I3.'~ -
Prlnt Name -..A(^ r /nuAoAt
~- - -, -O:::~<~
() nt Name...74 ~i7
OWNERS:
9,9:0.Q,,~ 5l~
'She la M. Sharp i
lOOK 000 w' 114
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""'"
DATED. t-1A'"
}\TTEST: /',
~D"IGHT E. BROCK;_, Clerk
~'r"~- ~..Yt7 ~(f~
I ....,. ....'
,.."
~pprove~ as to form and
legal suffioiency
HHt4~( A1hJo~
Assistant county Attorney
OR: 2215 PG: 0022
AUG - 6 1996
B01\RD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF ,~~.....
COUNTY OF &2~;.--
The foregoing instrument was acknowledged before me this .2~
day of ~ , 199~, by Shsila M. Sharp. sheTS
personaltY' known to me or produced ."?:JL S(#/b -7~.,.-r?-,<;.:L~ -a(type of
identification) as identification.
~
sign re of Tak nq cknowledgment
" '7;...4?-,,., t&2~ ,2J~L/3 e-~
Name ot Acknowledger Typed, ~rinted or stamped
[NOTARIAL SEAL)
Title or Rank.
JOANNE DALIlEY
NOTARY PUBUCSTAT1 OF FtolIDA
Bar a1 Number, f any
d{)(',P4
MYCOMMIS5k)N EXP. MAY3(l 1998
IDOl 000 't'.' 115
*** OR: 2215 PG: 0023 ***
EXHIBIT f1A"
LEGAL DESCRIPTION
The west 75 teet ot the east 180 feet of
Tract No. 112, Golden Gate Estates, Unit
No. 71, according to the plat thereot,
of record in Plat Book 5, page 7, ot the
public records of Collier County,
Florida.
1001 000 w' 116
- 7 -
AUG - 6 1996