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Resolution 1999-345 16 A21 RESOLUTION NO. 99-~ RESOl UTION OF THE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA. AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES. LIBRARY SYSTEM IMPACT FEES. PARKS AND RECREATIONAL FACILITIES IMPACT FEES. ROAD IMI'ACT FEES. EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ANDREE R. VOLCIMUS AT 1090 LAKE TRAFFORD ROAD. IMMOKALEE. COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adcquate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assisl in the provision of such housing hy including several provisions in the Collier Counly Growth Management Plan, including: objective 1.4. policy 1.4.1; objective 1.5, 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 the Housing Element; and WHEREAS, Collier Counly has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Seclion 420.907~.. Florida Stalutes and Chaplcr 91-37. Florida Administrative Code; and WHEREAS, in accordance with Collier County Ondinance No. 93-19, thc County is authorized to use funding from the Slate Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Andree R. Volcimus is seeking a waiver of impact fees; and WHEREAS, Andree R. Volcimus will construct a three (3) bedroom unit (thc "Dwelling Unil") at 1090 Lake Trafford Road in Immokalee, Collier County, Florida; which is proposed to sell for Fifty Seven Thousand Dollars (557,000.00), and WHEREAS, the Dwelling Unit will be owned by a very low income household, and WHEREAS, Andree R. Volcimus submitted to the omce of the Housing and Urban Improvement Department an Affordable Housing Application dated April 20, 1999 for a waiver of impact fees for the construction of a house at 1090 Lake Traffond Road, Immokalee. Collier County, Florida, a copy of said application is on file in lhe Housing and Urban Improvement Department; and WHEREAS, in accordance wilh Section 3.04 of the Correclional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impacl Fee Ondinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance. Ondinanee No. 91.71, as amended; and Section 3.05 of the Educational Facilities System Impact Fec Ondinanee, Ordinance No. 92-33, as amended; an applicant may oblain a waiver of impact fees by qualifying for a waiver; and 16 A21 WHEREAS, Andree R. Volcimus has qualified for an impact fee waiver based upon the following nepresentations made by Andree R. Volcimus: A. The Dwelling Unit shall be owned by a first.time home buyer. B. The Dwelling Unit shall be owned by a household wilh a very low income level as lhat term is defined in the Appendices to the respective Impact Fcc Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in thc Appendices to the respective Impact Fcc Ordinances. C. The Dwelling Unit shall be the Homeslcad oflhe owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from lhe dale thc certificate of occupancy is issued. NOW, THEREFORE, DE IT RESOLVED BY THE BOARD O~- COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TIfA T: I. The Board of County Commissioners hereby authorizes the County Administrator 10 issue an Authorizalion for waiver of impact fees to Andree R. Volcimus for one (I) house which shall be constructed at 1090 Lake Trafford Road. Immookalee, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agocement for waiver signed by Andree R. Volcimus, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the paymenl by Collier County of the following impact fees from the Affordablc Housing Trust Fund, Fund (191), in lhe following amounts for the onc (I) house to be built al 1090 Lake Trafford Road, Immokalee, Collier County, Florida by Andree R. Volcimus: A. Library Impact Fee S 180.52 B. Road Impact Fee \ ,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Correctional Facilities Impace Fee 117.98 Totallmpad Fees S 4,290,34 3. The payment of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the property owner and/or purchaser and the County. 16 A21 4. Based upon sumcient evidence provided by Owner. Owner has demonstrated lhat a subordination of the County's rights. interests and lien to that certain mOl1gage loan from U.S.D.A. Rural Housing Service to Owner in lhe amount of 571.000.00 is necessary 10 obtain financing to purchase the Dwelling Unit. This Resolution adopted after motion. second and majority vote favoring same. DATED: fjo/ ATTEST:. ., DWIGHT E. BROCK, Clerk 4.1(:- ~ gJ.t- ,/ ~t t.$ to Chafr1llll'S SlgIlature on)!... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Approved as to form and legal sumciency: MiA d, ) AIVLI\ Heidi F. Ashton Assistant County Attorney , jdlclimpfttSf'lolcimus 16 A21 EXHIBIT "An LEGAL DESCRIPTION ANDREE R. VOLCIMUS RESIDENCE LOT 10, BLOCK 4, NEW MARKET SUBDIVISION, AS RECORDED IN PLAT BOOK 8, PAGE 4, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. "+~~Xt~~'~\' -:". .16A~1 '1a64sn.. .. Hill; '1 8135432399 GNlCIA PAGE Bl ill_cuneI: II 3/": 1:21".' BS/t8/1995 23;39 ~. ;: i~ ;! ~,; ~jl II I rr I l. I It . ! ~o~ J.?>?>t - A-H'V\ ' :/c.J+nn La.~b:;'1 L "N 0 S LOT 10. BLOCK 4. MEWY~"K T BOOK 8. PAGE 4. OF THE PUILI FLORIDA. TH!: PROF :nr sHOIH HUEOM II L Y Of T\€ I 'TIOIlAl FlOOD IN$\Il' " 1/ "r 7q7 "". () LOT /6 I'..'.".' "".J II. II' ,~.IL""'h.. 'ifv ~.w "~.,, .. .. q~.~ , .. .. ~ ,p .a .. .. .. .. ~ LOT 9 "'1. () VACANT BLOCK 4 LOT ; 10 - 'f'O"~ _ LOT . II .. .. . , : Is;"~&." .. .. , ~ .. IS':'C.'. II .. , ~ .. :g III ~ !I.l. ~~C/~ .ulln YOt ".'R . '011 21~~~ lit 31111. T 41ELlYA I TO ... To ID ~ III III C ~J · J III ; o C. Z' ' i' I t I \ , 16 A21 ~'~fI"U: 7/lIl.e; I: ~o..; t4 I 1i7 7S17 u HU]: 11 FROM USDA sue eTR'FT MYERS PAGE.BBI JUL 19 '99 9: te USDA ~ u..~ ...... D_,- L I" ~ "utMa-i.IIQ'.~. ~ aURAL DlnLOl'tlEIlT )4)4 IWlCOC1. IlIlIDGE PAltJ:llAT. surl'E 209-A IIOIlTlI 10ft KnIll. n.ollIOA 33903-7705 TEL: 941-997-7331 lAX: 941-997-7557 July 19. 1999 Collier County Houling and Urban Improvement 3301 T&mi..i Trail East N.pl.'t FL 34103 Dlar Joanne:: In rcfcr~uc. to the Impact Waiv.r for Andree VOIC~8 the following le.tement 1. liven: In order to live the borrower. a IOrea_al loan, we will require that the Collier COunty subordinate their loan .a aecond to Rural Development'. first liee position. Sinceraly, ~7Jt,~ IlONIIIB M. AlIllllIe C~n1ty Develo~nt Kanaaer IlIlA/cjb ""~""'e.M~lMIW.~C11 ..................__..,........,f1~ -...... ~ eo , letD: CUll TO m 10AlD IJTlIO'rICI ITI rLOOI In 721 0 2533092 OR: 2593 PG: 0713 lJCOlDlD lu the O"ICIAL lJCOIDS of COLLIII COOJTY, 'L 01/11/1111 It DI:ll'. DWIGHT I, Blocr, CLllr IIC 111 ll,lO f'b A 2:1 AGREEMENT FOR I 00% WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this ~ day of JIM 7 ' 1999 by and between the Board of County Commissioncrs of Collier ./ I County, Florida, hereinafter referred to as "COUNTY" and Andrce R. Voleimus, hereinafter referred to as "OWNER." WIT N E SSE T H: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fce; Collier County Ordinance No. 88-97, as amended, thc Collier County Library System Impact Fcc Ordinance; Collier County Ordinance No. 99.39, the Collier Couttty Parks and Recrcalional Facilities Impact Fee Ordinance; Collicr County Ordinance No. 91-71, as amcnded, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and the Collier Counly Ordinance No. 92-33, as amended, the Collier County Educational Facilities Systcm Impact Fce Ordinance; as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for wlivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 100% waiver of impact fees as required by the Impact Fee 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 rcviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 100% waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaclion of all criteria in the Impact Fee Ordinance qualifying thc project as eligible for an impact fee waiver and OR: 2593 PG: 0714 16 A21 WHEREAS. the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-~ IJJ' at its regular meeting of~'" r.. /4 . 1999; and - . WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain 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 fi fleen (15) years commencing from the date the certificate of occupancy is issued for thc Dwelling Unit. 4. REPRESENT A TrONS 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-lime home buyer; c. The Dwelling Unit shall be the homestead of owner; 2 -~ ... OR: 2593 PG: 0715 16A21 d. The Dwelling Unit shall remain as affordable housing for fifteen (IS) years from the date the certificate of occupancy 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 $4,290,34 pursuant to the Impact Fee Ordinance. In return for the 100% waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria 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 (15) 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 fees 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 of occupancy is issued. 7. LIEN. The waived impact fees shall be a Iicn upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement shall be made junior, inferior and subordinate to that certain mortgage loan from USDA Rural Housing Service to OWNER in the amount of$71,OOO.00. 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, and upon payment of the deferred impact 3 '. OR: 2593 PG: 0716 16 A21 fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the tennination 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 unti I said impact fees are 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 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, wilhin sixty (60) days after execution of this Agreement by the Chainnan of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one ofthe affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) 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. 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 until repaid. 4 OR: 2593 PG: 0717 16 A21 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. Should the OWNER be in default of this Agrcement, 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 othclWise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remcdy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing 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 WaiverlDeferral of Impact Fees on the d:lte and year first above written. Witnesses: OWNER: 1-./Yl-,)Y7/2f P-rV o.f~ Andree R. Volcimus J STATE OF ~~; :S-a.. COUNTY OF' e.. ) ) The foregoing instrument was acknowledged before me thi~4k~~~? of ~II ..,L, 1999, by Andree R. Volcimus. She is personally known to me or 0 uce rll""." ,..,.. (type of identification) as identification. [NOTARIAL SEAL] Si , i.;' f)))~?~?~~))))))>))))')))))))))))))))))))')))m)))l' , M".'~" Jean B. Volcy 0: ~ {j.~'A"'i'! Notify Public, StalcofFlorida :. \S.~l Comlnission No. CC 56S201 : ~ '>;.!'::...... My Commission Exp. 111312060 : . ~ ..... T1wup. n~ ""'" s.rv-.t: a-s..., Ca. . : .f.(.(.V..<.<.<.<.c..,<.<.(,t..<.<...<,....,.(,v.<.<..w.<.<<.<.'.(,f.<.<.<.<.<.<.<.<.<.<.<.<.<. 5 ...._-~-_._.._.._.__..'-._--_.~..._----_.- .. --~ .-.---"-- DATED:1f k ~ A TIEST: DWIGHT E.. BROCK, Clerk 'J' I . tte' ~s to ch.inllft', ;:Jtgn ture 01111_ ::: .-; .... Approved as to fonn and legal sUfficiency 11 d J ~~ Heidi ~A:nton Assistant County Attorney jdlc:limpfeelvolcimus OR: 2593 PG: 0718 16A21 BOARD OF COUNTY COMISSlONERS COLLIE OUNTY, FLORIDA By: PAMELA S. MAC'KIE, C 6 . OR: 2593 PG: 0719 16A21 EXHIBIT' A' LEGAL DlSCRlPTlON ANDREE R. VOLCIMUS LOT 10. BLOCK 4, NEW MARKET SUBDIVISION, AS RECORDED IN PLAT BOOK 8, PAGE 4, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7 ~.c.U'l'd:. 1/ :1111; 1:21AM; . ,86/18/1995 23:39 II ~: ~~l H : ~r ! h') " \ ~IA P/Ia: 81 ,.o~ J.?dl A+fV\ ; ::'/9Pmn LCL~b~'1 L ~NO loOT 10, BLOCK 4, MEVRI,,"K T BOOK 8, PAGE !=LOR lOA. M nOf ~all $HOllM HUEOII II L Y OF nE I 'TI~ FlOOO IlI$Ull - LOT 16 II'" '" 'E 11.1" .~.I.e...qq.k 'ifq .1 ilia'" q~. q - - fI"f.! . . 'f~.~ :~ . . 'I , . .. .. VACANT '1Q.O BLOCK 4 ~ LOT LOT . II ; . 10 - .. '(.0" S .'S"~,," . . "- . .. . .g 10 . .. .. .. LOT 9 lit . : I~~." .. .. . .. .. 'lI ROAD1 00. 0 if'1 , b~.C I /"T , C :::0 . ... c. " c.. ~ c c r c ~ III III C I-J 10 , IU . o' 8:' Z' , i' ' I; 1 I \