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Resolution 1997-324 16A 3 RESOLUTION NO. 97-~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA. AUTI!ORJZTNG 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 SER VICES IMP ACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKALEE HABITAT FOR HUMANITY. INC.. ON LOT 20, BLOCK 12. NAPLES MANOR LAKES. NAPLES, FLORJDA. WHEREAS, Col1ier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low incomc households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County 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. J, policy 2.1.2. policy 2.1.3. policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program sct forth in Section 420.907 t1....X.Q.. Florida Statutes and Chapter 91-37. Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Immokalee Habitat for Humanity, Inc. is seeking a waiver of impact fees; and WHEREAS. Immokalee Habitat for Humanity. Inc. will construct one (I) three-bedroom unit (the "Dwelling Unit") on Lot 20. 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 low 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 construction ofa house on Lot 20. Block 12. Naples Manor Lakes. a copy of said application is on file in th.: Housing and Urban Improvement Department; and WHEREAS, 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. Ordinance No. 88-97. as amended; Section 4.05 of the Parks and Rf'creational 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. 91-7 J, 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 - 16A 3; 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 sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fce Ordinances and the monthly paymcnt to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW TIIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Immokalee Habitat for Humanity, Inc. for one (I) house which shall be constructed on Lot 20, Block 12. Naples Manor Lakes, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agrcement for waiver of impact fees signed by Immokalee Habitat for Humanity, Inc., and/or the 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 Housing Trust Fund, Fund (19]), in the following amounts for the one (I) house to be built on Lot 20, 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 (2) Regional Parks D. E. 399.00 179.00 14.00 EMS Impact Fee Educational Facilities System Impact Fee Water Impact Fee Sewer Impact Fee TOTAL IMPACT FEES 1,778.00 900.00 $134000 $6,)69.52 F. G. 3. The payment of impact fees by CoJlier County is subject to the execution and recordation of an agreement for waiver of CoJlier County Impact Fees between the property owner and/or purchaser and the County. - 2 - ..--.....-..- 16A 3 I This Resolution adopted after motion, second and majority vote favoring same. DATED: .. . -' ~ '~,.. ..... ,....... ApproVeå¡1S t~ {~'d legal sufficien~y: . J ' '-' I- (, C~ /J 'II,! ¿ I Heidi F. Ashton Assistant County Attorney '- -- c/naplcs manor lakeslrcso BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - 3 - EXHIBIT KA" LEGAL DESCRIPTION LOT 20 OF BLOCK 12, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED TN PLAT BOOK 3, A T PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - 16A 3 -____..c "-_._--,,--"'-~- --"'~----~._. 1 6A 3 OWNER covcnants and agrees to comply wirh the alTordable 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 waivcr to a subsequent purchaser, the Dwelling Unit shall bc sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for alTordable housing for a fifteen (15) year period after the datc thc 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 rcpaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the elTective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with thc requirerncnts of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirernents and fifteen (15) years afler the date of issuance of the certificate of Occupancy. or upon payment of the waived impact fces, the COUNTY shall, at thc expensc of the COUNTY, record any necessary documentation evidcncing the termination of thc licn. including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shaJl 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 DweJling Unit, the original OWNER shall rernain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shaJl run wirh the land and shaJl remain a lien against the DweJling 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 CoJlier County, Florida, within tifleen (15) days afler execution of this Agreement by the Chairman of the Board of County Commissioners. II. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to seJl the Dwelling Unit in accordance with the affordable housing standards and - 3 - -----..-..".. 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