Resolution 1997-421RESOLUTION NO. 97-/,,2 1
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. ('OLI.IF.R
COUNTY. FLORIDA. AUTHORIZING WAIVER OF REGIONAl. WATF. R
SYSTEM IMPACT FEES, REGIONAL SEWER SYSTF. M IMPA('T FF. ES.
LIBRARY SYSTEM IMPACT FEES. PARKS AND RECRF. A'FIONAI.
FACILITIES IMPACT FEES. ROAD IMPACT FEES. EMERGEN('Y M I'~I)ICAI.
SERVICES IMPACT FEES AND EDUCATIONAl. FACII..ITIF. S SYSTEM
IMPACT FEES FOR ONE tlOUSE TO BF. CONSTRIJCTED BY IMM()K:\I.I:I(
ttABITAT FOR HUMANITY, INC., ON LOT 3. BI.OCK 13. NAPI.F.S MANOR
LAKES, NAPLES, FLORIDA.
WItEREAS, Collier County has recognized and attempted to address thc lack of adcquatc anti affordable
housing for moderat, e, Iow, and very-low income households in the County and thc need ftw creative and innovative
programs to assist in the provision of such housing by including several provismns m thc ('oilier ('ounly Growth
Management Plan, including: objective 1.4, policy 1.4.1: objective 1.5. policy 1.5.2. ImJicy 1.5.3. policy 1.5.4,
policy 1.5.5. policy 1.5.6; objective 1.6, policy 1.6.3: objeclive 2.1. policy 2. I.I. policy 2.1.2. policy 2.1.3. policy
2.1.5, and policy 2.1.6 of the }lousing Element: and
WItEREAS, Collier County has received funding pursuant to the State Ilousing Initiatives Partnership
Program sel forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37. l:lorida Administrative ('ode: and
WlIEREAS, in accordance with Collier County Ordinance No. 93-10. cbc ('ounty ts authorized m use
funding from the State Itousing Initiatives Partnership [SttlP] Program for waivers of f'ollier ('mmty impact fees:
and
WHEREAS, [mmokalee tlabitat for ttumanity, Inc. is seeking a ~valver ,)f impact Ii:cs: :md
WtlEREAS, Immokalee Habitat for tfumanity, Inc. will construct one (I) !hree-bcdrmm~ unit (thc
"Dwelling Unit") on I.ot 3, Block 13 Naples Manor Lakes which is proposed to sell for Forly-Six Thausand Five
Itundred Dollars ($46,500.00); and
WIIEREAS, 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 "Sv, eat Equity" befbre it obtains nile to thc h{n~sc: and
WIIEREAS, Mr. Charles C. Smith. Vice President of lmmokalee Ifabitat l'()r [lumanity. hie.. submitted lo
the Office of }lousing and Urban Improvement an Affordable Itousing Applicatmn dated September 30. 1997 fi~r ::
wawer of impact fees for the construction ora house on Lot 3, Block 13 Naples Manor I.akcs, a copy of said
application is on file in the Housing and Urban Improvement Department; and
WItEREAS, 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 hnpac! }:ce ()rdinancc . ()rdinance
No. 90-87, as amended: Section 3.04 of the Librao' System Impact Fcc Ordinance. ()rdinancc No. ,"18-97. as
amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee tJrdmancc, ()rdinancc No. 88-96. as
amended; Section 3.04 of the Road Impact Fee Ordinance. Ordinance No. 92-22, ;~s :m'~endctt: 5, cclion 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 amcmtcd: an apphcanl may obtain
a waiver of impact fees by qualifying for a waiver; and
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WHEREAS, lmmokalee Habihat for Humanity, Inc. has qualified for an impact fee waiver based upon the
following representations made by Immokalee ttabitat for I-lumanity, 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 income level as that term is defined
in the Appendices to the respective Impact Fee Ordinances and the monthly payment 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 ofthe owner.
D. The Dwelling Unit shall remain affordable for fifteen (15) years from thc date the certificate of
occupancy is issued.
NOW THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY ('OMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners hereby authorizes Ihe County Manager to issue an
Authorization for waiver of impact fees to Immokalee ttabitat for l lumanity. Inc. foF one (1) house
which shall be constructed on Lot 3, Block 13 Naples Manor l.akcs. Collier ('otmty. Florida.
2. Upon receipt by the ltousing and Urban Improvement Director o1' an agreement lbr waiver of
impact fees signed by Immokalee Habitat for ttumanity, Inc.. and/or thc purchaser, or other
documentation acceptable to the County Attorney. thc Board of County ('ommissioncrs hereby
authorizes the payment by Collier County of the following impact fees from lhe Affordable tlousing
Trust Fund, Fund (191), in the following amounts for the one (I) house to be built on Lot 3. Block
13 Naples Manor Lakes by Immokalee ttabitat for ltumanity. Inc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks and Recreational Facilities
Impact Fee:
( 1 ) 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 $1.340.~
TOTAL IMPACT FEES $6,169.52
3. The payment of impact fees by Collier County is subject to the exccunon and recordation of an
agreement for waiver of Collier County Impact Fees between the property owner and/or
purchaser and the County.
This Resolution adopted after motion, second and majority vote favoring same.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA/
Ti mat~ L. ~,nc~,'C~a i~ a n
/
Approved as to form and
legal sufficiency:
lteidi f. Ashton
Assistant County Attorney
c/naples manor lakes/reso
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EXHIBIT "A"
LEGAL DESCRIPTION
LOT 3 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PI.AT BOOK
3, AT PAGE 86, OF TIlE PUBLIC RE. CORDS OF COLLIER COUNTY
FLORIDA.
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
'Vnis Agreement for the Waiver of Impact Fees entered into this,t~-day o f "~2_,~,~ 1997, by and
between the Board of County Commissioners of Collier County, Florida, hercinaftcr referred to
as "COUNTY" and lmmokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 90-86, as amcndcd, thc Collier County
Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as
amended, the Collier County Regional Sewer System Impact Fcc Ordinance; Collier County
Ordinance No. 88-97, as amended, the Collier County Library System Inlpact Fcc 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 [-'ce Ordinance; (]'oilier 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 Fcc
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 bv thc 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 thc 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
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WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 97-_ff_gZ___ 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 tree 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 Ire 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 Unit.
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 Ordi,mncc and his/her
monthly payments to purchase the Dwelling Unit stroll be within thc
affordable housing guidelines established in tim appendices to the Impact
Fee Ordinance;
b. The Dwelling Unit shall be sold to a first-time home buyer;
c. l'he Dwelling Unit shall be the homestead ot'owner:
d. The Dwelling Unit shall remain as affordable housing for liliecn (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 Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER.
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OWNER covenants and agrees to comply with the affordablc housing
impact fee waiver qualification criteria detailed in thc Impact Fcc
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to thc
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 fifteen (15) year period after thc date thc 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 Dwcllirlg Unit on thc
effective date of this Agreement; which lien may be foreclosed upon in thc event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of thc 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 thc 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 panics to this ~
Agreement and their respective heirs, personal representatives, successors and assigns. In thc ~
case ofsale or transfer by gift of the Dwelling Unit, thc original OWNER shall remain liable for co
the impact fees waived until said impact fees are paid in full or until ~he conditions set Ibnh in ,,,x::>
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run w/th irc land and
shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
I0. RECORDING. lhis Agreement shall be recorded by OWNER at thc expense of
OWNER in the Official Records of Collier Count>,, Florida. within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
il. 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
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qualification criteria established in thc Impact Fcc Ordinance anti 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 thc said
qualification criteria at any time during the fifteen (I 5) year period or should OWNER violate
any provisions of this Agreement, thc impact fees waived shall be paid in full by OWNER within
thirty (30) days of said non-compliance. OWNER agrees that thc impact fees waived sl~all
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 thc 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 parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses:
,~rint Name /~i a,,,a, ,,, ,~_ ~_ ,,~, ,',
IMMOKALEE HABIT.,\T FOR
HUMANITY. INC.
/ /
BY: ,' ','
C a3es C. S ,th. Vj,&-P dent
0
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DgZIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency
Heidi F. Ash[on
Assistant County Attorney
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Timothy/I,I/I-fancoc'k, Chairman --
STATE OF Florida ~)
COUNTY OF ~)
The foregoing instrument was acknowledged before me this r7~ day of~fi'c,/~r'r'. 1997,
by Charles C. Smith, Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known
to me.
[NOTARIAL SEAL]
S~mre of Person ~'-~king Ackflrowledgment
Name of Acknowledger Typed, Prinl,~d or Stamped
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jcl/gm/c/naples manor lakes/agree
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EXHIBIT "A'
LEGAL DESCRIPTION
LOT 3 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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