Resolution 1997-429RESOLUTION NO. 97-_429
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RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONt!RS. ('O[.I.IER
COUNTY, FLORIDA, AUTIIORIZING WAIVER OF REGIONAl. \VATI'~R
SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPA('I' FEF. S.
LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAl.
FACILITIES IMPACI' FEES, ROAD IMPACT FEES, EMERGENCY MEI)If'AI.
SERVICES IMPACT FEES AND EDUCATIONAL FACII.ITIES SYSTEM
IMPACT FEES FOR ONE [lOUSE TO BE CONSTRUCTED BY IMMOKALEE
HABITAT FOR HUMANITY, INC.. ON LOT 40. BLOCK 13. NAI'I.ES MANOR
LAKES, NAPLES, FLORIDA.
WHEREAS, Collier County has recognized and artempted 'to address thc lack of adequate and affordable
housing for mo(lerale, Iow, and very-low income households in the ('ounty and lhe need for creative and innovative
programs to assist in the provision of such housing by including several prov~s,)ns m thc ('oilier 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, pohcy 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. [x~licy
2.1.5, and policy 2.1.6 of the ltousing Element: and
WIIEREAS. ('oilier County has recc~vcd funding pursuant to thc State Ih~usmg Inflial~vcs l'arulcrshtp
Program set forth in Section 420,907 et. seq.. Florida Statutes and Chapter 91-37. t:londa Administrative ('ode: anti
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County ~s authori~,ed to usc
funding from the State }lousing Initiatives Partnership [SHIP] Program for walvcrs of ('olbcr County impact Ibc.s:
and
WHEREAS, Immokalce tlabitat for Ilumanity. Inc. is seeking a wai~'cr of impacl tL'c~: and
WItEREAS. [mmokalee Habitat for ilumanity. Inc. will construct t,nc {I) thrcc-bcdrc, om t:nH (Iht
~Dwelling Unit') on Lot 40, Block 13 Naples Manor Lakes which is proposed to sell I'or [:orly-.glx '['hous;md Five
ltundred Dollars ($46,500.00); and
WtIEREAS, the Dwelling Unit will be purchased by a very low income household which is required tt~
invest a minimum of five hundred (500) hours of 'Sweat Equity" before it obtains I~tlc to thc house: anti
WItEREAS, Mr, Charles C. Smith. Vice President of Immokalec tlabitat fi~r Ilumnnity. Inc.. submitted to
the Office ofltousing and Urban Improvement an Affordable [lousing Application doled .%ptcmbcr 30. l~.~q7 fl~r a
waiver of impact fees for thc construction of a house on l.ot 40. Block 13 Naples Manor l~:~kcs. ~ copy of ~.atd
application ~s on file m thc Housing and Urban Improvement Department; and
WIIEREAS. tn accordance with Section 3.04 of the Regional Water .";ystcm Impact I"cc ()rdma~cc,
Ordinance No. 90-86, as amended: Section 3.04 of the Regional Sewer System Impact Fcc ()rdinancc . ()rdmimce
No. 90-87, as amended; Section 3.04 of the Library System Impact Fee Ordinance. (')rdJnancc No. ~g.97. as
amended: Section 4.05 of the Parks and Recreational Facilities Impact Fcc Ordin~mcc, ()rdinancc No. Sg-'~(,. as
amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22. as amended: Scctmtx 3.05 of thc
Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71. as amended: and Section 3.¢)5 of
the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended: an applicant may ohtam
a waiver of impact fees by qualifying for a waiver; and
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This Resolution adopled after motion, second and majority vole favoring samc.
BOARD OF COUNTY C(}MMISSIONERS
COLLIEILF..OUNTY, FLORIDA
By:~'
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WHEREAS. Immokalee Habitat for Humanity, Inc. has qualified for an impact fee waiver based upon thc
following representations made by lmmokalee 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 Iow ~ncome level as that term is defined
in the Appendices to the respective Impact Fee Ordinances and thc monthly payment to purchase the
unit must he within the affordable housing gmdelines establ,shed in the Appendices lc, the
respective Impact Fee Ordinances.
C. The Dwei;mg Unit shall be the Homestead of the owner.
D. The Dwelling Unit ah,all remain affordable for fifteen (15) years from the date the certificate of
occupancy is issued.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners hereby authorizes lhe County Manager to issue an
Authorization for waiver of impact fees to lmmokalee Habitat for Humanity. Inc. for one { I ) house
which shall be constructed on Lot 40, Block ] 3 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 lmmokalee ttabitat for tlumanity, Inc.. and/or the purchaser, or other
documentation acceptable to the County Attorney, the Board of Counly Commissioners hereby
authorizes the payment by Collier County of the following impact fees from thc Affordable I lousing
Tr~st Fund, Fund (101), in the following amounts for the one (1) house to be built on I.ot ,:10. Block
13 Naples Manor Lakes by Immokalee Habitat for tlumanity, 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 thc cxccutum and rccordamm of an
agreement for waiver of Collier County Impact Fees between thc property owner and/or
purchaser and the County.
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AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into thisS~ay of_"7~a-w 1997, by and
between the Board of County Commissioners of Collier County, Florida. hereinafter 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, thc Collier County
Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as
amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier Couuty
Ordinance No. 88-97, as amev,ted, 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 Fcc 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 ltousing 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 ~vaiver 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 of all criteria in the Impact Fee Ordinance qt, alifying the
project as eligible for an impact fee waiver; and
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WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 97- f/~ at its regular meeting of__~~ ,1997; 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:
I, RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of thc dwelling unit (thc "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 date the certificate
of occupancy is issued for the Dwelling UnH.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a. The Dwelling Unit shall be sold to a household with a very Iow income as
defined in the appendices to the Impact Fcc Ordinance and his/her
monthly payments to purchase Ibc Dwelling Unit shall bc within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
b. The Dwelling Unit shall be sold to a first-time home buyer;
c. The Dwelling Unit shall be the homestead of owner:
d. 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
e. 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 Fcc
Ordinance. In return for the waiver of the impact fees owed by OWNER,
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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. Thc Dwelling Unit must be utili×cd for
affordable housing for a fifteen {15) year period after thc date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, thc
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 the event of
non-compliance with the requirements of this Agreement,
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 thc lien, including, but not
limited to, a release of lien,
9. BINDING EFFECT. This Agreement shall be binding upon the parties to tbis
Agreement and their respective heirs, personal representatives, successors ami 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 thc conditions set forlh in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run wilh thc land and
shall remain a lien against the Dwelling Unit until thc provisions of Section 8 arc satisGcd.
10. RECORDING. This Agreement shall be recorded by OWNER at thc expense of
OWNER in the Official Records of Collier County, Florida, within filiecn (15) days after
execution of this Agreement 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 with the affordable housing standards and
OWNER covenants and agrees to comply with thc affordable housing
impact fee waiver qualification criteria detailed in thc Impact Fcc
Ordinance.
SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
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qualification criteria established in the Impact Fcc Ordinance and thcreaflcr fails to pay thc
impact fees due within thirty (30) days of said non-compliance, or (2) ~vhcre 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 thc 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 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 for fifteen (! 5) 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. thc
Board may bring a civil action to enforce this agreement. In addition, thc 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 parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses:
(-~Pfint Name '..J'~.,~,, ,, c ~),,~,.'-~.',
OWNERS:
IMMOIC'kLEE HABITAT FOR
HUMANITY, INC.
/
Charles O.,Smith/,~fce Pr~ident
O
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BOARD OF COUNTY COMMISSIONERS
COLLIER. COUNTY, FLORIDA
Timothy ~x(Hancock, Chairman
STATE OF Flori~t....._.~)
COUNTY OF ~)
The foregoing instrument was acknowledged before me this
by Charles C. Smith,
to me.
[NOTARIAL SEAL]
o¢ dayof~, 1997,
Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known
Signa~cnt
,J~ ~ . . ~ ~ _
Name of Acknowledger Typed, Priri'ted or Stamped
~:,. . .,). CC~f,:t.5
jcl/gm/c/naples manor lakes/agree
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EXHIBIT aA"
LEGAL DESCRIPTION
LOT 40 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
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