Loading...
Resolution 1997-423RESOI.IJTION NO. 97- 623 RESOLUTION OF ]'liE BOARD OF COtlNTY ('OMMISSION[':P,S. ('OI.[.IF.P, COUNTY, FLORIDA, AUT}{ORIZING WAIVER OF REGIONAl. WATER SYSTEM IMPACT FEES. REGIONAL SEWER SYSTEM IMPACT FEES. LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD 1MPACT FEES. EMERGENCY MEI)ICAI. SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKAI.EIi I-IABITAT FOR ItUMANITY, INC.. ON LOT 5. BI.OCK 13. NAI'I.ES MANOR LAKES, NAPLES. FLORIDA. WItEREAS. Collier County has recognized and attempted to address thc lack of adcquatc anti affordable housing for moderate, low, and very-low income households in the County and thc nccd fi)r creative and innovative programs to assist in the provision of such housing by including sc;'cral provismns in thc ('oilier ('ounty (irowth 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. pohcy 2.1.2. pohcy 2.1.3. pollo;' 2.1.5, and policy 2.1.6 of the }lousing Element: and WItEREAS, Collier County has received funding pursuant to the State }lousing Iniliativcs I'artncrship Program set forth in Section 420.907 ct. seq.. Florida Statutes and ('haptcr 91-37, Fh)rida Administrative (.'{)dc: and WHEREAS, in accordance with Collier County Ordinance No. 93-19. thc ('ounty is authorlTctl lo usc funding from the State }lousing Initiatives Partnership [SHIP] Program lbr wav.'crs of ('oilier ('cmnty m~pact lkcs: and WHEREAS, [mmokalee tlabitat for ttumanity, Inc. is seeking a waiver of impact fees: and WHEREAS, lmmokalee Itabitat tbr Ilumanity, Inc. will construct one (1)three-bedroom uml (tile "Dwelling [)'nit") on Lot 5, Block 13 Naples Manor I.akes which is proposed to soll fi)r Forty-S,x '['}:ousand l:ivc tlundred Dollars ($46,500.00); and WIIEREAS, the Dwelling Unit ''vfll be purchased by a ','cO' lox,,' income }muschold which i-: required to invest a minimum of five hundred (500) hours of "Sweat F. qu~ty" before it obtains lille I~ thc hot,sc: anti WHEREAS, Mr. Charles C. Smith. Vice President of Immokalee Ilabitat li)r Ilumamty. Inc.. suhmlttcd to the Office of ttousing and Urban Improvement an Aflbrdable Housing Applicamm dalcd Scplcmbcr 30. 1997 for a waiver of impact fees for the construction of a house on Lot 5. Block 13 Naplcs Man,~r l.akcs, a copy of said application is on file in the l lousing and Urban Improvement Departmenl; and WHEREAS, in accordance with Section 3.04 of the Regional Water System h'npacl Fcc ()rdinancc. Ordinance No. 90-86, as amended; Section 3.04 of the Regional Sewer System Impact Fcc ()rdmancc . t)rdtnancc 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 lhe 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 {lie Emergency Medical Sen'ices System Impact Fee Ordinance, Ordinance No. 9t-71. as amended: and Sccmm 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33 as anacnded: an applicant may oblam a waiver of impact fees by qualifying for a ~vaiver: and - 1 - following representations made by lmmokalce tlabitat 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 income leYel as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase thc unit must be within the affordable housing guidelines established in thc Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the or, ncr. D. The Dwelling Unit shall remain affordable for fifteen (15) years from thc date thc cc~lificalc of occupancy is rssued. NOW TItEREFORE, BE IT RESOLVED BY TIlE BOARD OF (.'()tINT",' C(.)MMISSI(~NER,q (.)F COLLIER COUNq"Y, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes thc County Manager to issue an Authorization for waiver of impact fees. to Immokalee Habitat fi)r I lumanity, Inc. for one (1) house which shall be constructed on Lot 5, Block 13 Naples Manor l.akes. Collier County, Florida. 2. Upon receipt by thc Housing and Urban lmproYement Director ol' an agreement fi:~r waiver of impact fees signed by Immokalee tIabitat for llumanity, Inc.. and,"(~r the purchaser, or other documentation acceptable to the County Attorney, thc Board of ¢'ounty ('omm~ssic, ners hereby authorizes the payment by Collier County of the t'oltowing impact IL'cs from thc Affi~rdablc flousmg Trust Fund, Fund (191), in the following amounts for the one (1,~ house to be built on l.ot 5, Block 13 Naples Manor Lakes by lmmokalee Habitat for ]lumanity, lnc.: A. Library Impact Fee S 180.52 B. Road Impact Fee 1,379.¢)0 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 Si .340.00 TOTAL IMPACT FEES $6,169.52 3. The payment of impact i%es by Collier County is subjecl to the execution and recordation of an agreement for waiver of Collier County Impact Fees between thc property owner and/or purchaser and the County. - 2 - Approved as to fo,-m and legal sufficiency: t '~'t( Asfiton Assistant County Attomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FI. ORIDA By: T(m'oihy L. l-~n~-oc~ Cfiairr~an / c/naples manor lakes/reso - 3 - EXtIIBIT "A" LEGAL DESCRIPTION LOT 5 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. - 4 - AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this q_..,~day of_~ 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." WlTNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fcc Ordinance; Collier County Ordinance No. 90-87. as amended, the Collier 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 Fcc Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fcc Ordinance; and Coil/er 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 rcqtJired by the Impact Fee Ordinance, a cop3' of said application being on file in the office of fIousing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with thc requirements for an affordable housing wai~,cr el' 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 Fcc 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 '"2)~/ot , 1997; and WHEREAS, the Impact Fcc Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of thc foregoing recitals, thc parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals arc true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "l)welling 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 thc Impact Fee Ordinance for a period of fifteen (! 5) years commencing from the date thc 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 Fee Ordinance and his;her monthly payments to purchase thc Dwelling l?nit shall bc within the affordable housing guidelines established in the appendices to thc Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead ofowner; 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 [..Init; 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 thc Impact Fcc Ordinance. In retum for thc 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 thc Impact Fcc ordina,~ce. 5. SUBSEQUENT TRANSFER. IfOWNER 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 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 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 thc expense of thc COUNTY, record any necessary documentation evidencing the termination of thc lien. including, but not limited to, a release of lien. 9. BINDING EFFECI. This Agreement shall be binding upon thc parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of thc Dwelling Unit, thc original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until thc conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with thc land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 arc satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at thc expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days alter 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 - 3 - qualification criteri~ established in thc Impact Fee Ordinancc and thcrcaflcr fails lo 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 ofthis 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 Agrcctncnt and continuing for fifteen (15) years from thc 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, thc lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the forcclosure 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 auorncys fees, incurred by the Board in enforcing this agreement, plus interest at thc statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement fi~r Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. o o - 4 - Fl~i"d i 'F. Assistant County Attorney 16A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLOP, IDA By: ~ Timothy ~. H~ancock, Chairm STATE OF ~) COUNTY' OF Collier ) The foregoing instrument was acknowledged before me this by Charles C. Smith, to me. [NOTARIAL SEAL] day ofd(~-~;~'~...-. 1997, Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known Sign~"_5~ ;~ PerSOn Taking Acknowlc/dgment Name of A(~knowledger Typed, Printe/d or Stamped id/gm/c/naples manor lakes/agree - 5 - EXHIBIT "A' LEGAL DESCRIPTION LOT 5 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. - 6 -