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Resolution 1997-320RESOLUTION NO. 97- 320 RESOLUTION OF 'l-liE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA. AU-I'IIORIZING WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES. REGIONAL SEWER SYSTEM IMPACT FEES. LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES. ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPAC"I' FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKALEE ttABITAT FOR HUMANITY. INC.. ON LOT 16. BLOCK 12, NAPLES MANOR LAKES, NAPLES. FLORIDA. WIIEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, Iow. and very-low income households in the County and the need for creative and innovative program~ to assist in the provision of such housing by including several provisions in the Collier County Growlh Management Plan. including: objective 1.4, policy IA.l: 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 tlousing Element: and WIIEREAS, Collier County has received funding pursuant to the State tlousing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code: and WIIEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Itousing Initiatives Partnership [SIIIP] Program for waivers of Collier County impact fees; and WHEREAS, Immokalee Habitat for Humanity, Inc. is seeking a waiver of impact fees: and WHEREAS, lmmokalee flab/tat for Humanity, Inc. will construct one (I) three-bedroom unit (the "Dwelling Unit") on Lot 16, Block 12, Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very Iow income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Immokalee Habitat for Humanity. Inc.. submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated July 10. 1997 for a waiver of impact fees for the construclion of a house on Lot 16, Block 12, Naples Manor Lakes, a copy of said application is on file in the Housing and Urban Improvement Department: and WIIEREAS, in accordance with Section 3.04 of the Regional Water System Impact Fee Ordinance, Ordinance No. 90-86, as amended: Section 3.04 of the Regional Sewer System Impact Fee Ordinance. Ordinance No. 90-87, as amended; Section 3.04 of the Library System Impact Fee Ordinance. Qrdinance No. 88-97. as amended: Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; 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, Ordinance No. 91.71, as amended: and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended: an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - WHEREAS, Immokalee Habitat for Humanity, Inc. has qualified for an impact fee waiver based upon the following representations made by Immokalee Habitat for Humanity, Inc.: A. The Dwelling Unit shall be .sold to a first-time home buyer. B. The Dwelling Unit shall be ~Id to a household wilh a very Iow income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unil must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the ttomestead of ibc owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the eemificate of occupancy is issued. NOW THEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Commissioners hereby aulhorizes the County Manager to issue an Authorization for waiver of impact fees to lmmokalee [tab/tat for Humanity, Inc. for one (I) house which shall be constructed on Lot 16. Block 12. Naples Manor Lakes, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Immokalee Habitat for Humanity, Inc.. and/or Ihe purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable [lousing Trust Fund, Fund (191), in the following amounts for the one (l) house to be built on Lot 16. Block 12. Naples Manor Lakes by Immokalee Habitat for Humanity, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: ( I ) Community Parks 399.00 (2) Regional Parks 179.00 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 900.00 G. Sewer Impact Fee TOTAL IMPACT FEES $6,169,52 3. The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the prope~:ty owner and/or purchaser and the County. This Resolution adopted after motion, second and ma.~ofity vote favoring same. DATED: ATTEST: legal suffi~ Heidi F. Ashton Assis~t Coun~ Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA mothy L.~ncl:~k; Chai"r~a~' - c/naples manor lakes/reso - 3 - 16A EXHIBIT LEGAL DESCRIPTION LOT 16 OF BLOCK 12. NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF. AS RECORDED IN PLAT BOOK 3. AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for thc Waiver of Impact Fees entered into this~_/'-~ay of~__~.~ 1997, by and between the Board of County Comm:ss~oners of Collier County, Florida, (h"/ereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the CoIlier County Regional Sewer System Impact Fee Ordinance; 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 Emergency Medical 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, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit 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 being on file in the office of' Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 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 satisfaction o£ all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97-.~ at its regular meeting of .~-,~_l~t~. i ~"~,/; aDO WHEREAS, the Impact Fee ~dinmce r~ires that the O~ER ~ter into an A~cement with thc CO~. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: I. 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") 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 fifteen (15) years commencing from the dale the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fee Ordinance and his, her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and eo OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER. - 2 - OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. IfOWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, 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 fitleen (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. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in Ihe event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (I 5) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impacl 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 unlil 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 ofSection 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 fifteen {15} days after execution oflhis Agreement by the Chairman oflhe Board of County Commissioners. I I. DEFAULT. OWNER shall be in default of this Agreement { 1 } where OWNER fails to sell the Dwelling Unit in accordance wilh the affordable housing standards and - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable 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 thirty (30) days of said noncompliance. 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 for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. 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 Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a 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 COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys 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 pm/es have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name /' .~/c,,.,~ OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. BY: Char/es C. Smith, Vice PresideR - 4 - DATED: ATTEST: DWIGH.'r,~ .B~ ~OCK, Clerk Aping?ed as.to,forth and tcga, sumctency Assislant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUN'IW, FLORIDA ~' ...q' , ' ~ By:~- Timothy Ix"Hah'cock. Chairman STATE OF ,EDrida ) COUNTY OF Colli~ ) foregoing instrument was acknowledged before me this ~ day of~, 1997, The by Charles C. Smith, Vice President of lmmokalee Habitat for Humanity, Inc. 14eqs per~'onally known to mc. [NOTARIAL SEAL] Sign~ent Name ~Stamped jd/gngc/naples manor lakeatagree - 5 - EXHIBIT "A' LEGAL DESCRIPTION LOT 16 OF BLOCK 12, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 -