Resolution 1997-417.," 16A3
RF. SOI,UTION NO. 97-4 17
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONF. RS. (/OI.t,IF.R
COUNTY, FLORIDA, AUTttORIZING WAIVER OF REGIONAl. WATF. R
SYSTF. M IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT [:I.]:.S.
I.IBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAl.
FACILITIES IMPACT FEES, ROAD IMPACT FEF. S, F. MERGF. N('Y MF, I)I('AI.
SERVICES IMPACT FEES AND EDIJCATIONAI. FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE 'FO BI:. CONSTRU(WFA) BY IMM()KAI.F.I';
HABITAT FOR ttUMANITY, 1NC..ONI.OT25. BI,OCK 10. NAPI.IiSMAN()R
I.AKES, NAPI.ES, FI.ORIDA.
WHEREAS, Collier County has recognized and attempted to addrcs,~ thc lack ,,t' adcq,atc and afibrdablc
housing for moderate, Iow, and very-low income households in the County and the nccd fi,r crcanxc and innova,ye
programs to assist in the provision of such housing by including several prm,m,r,s m tl'c ('olhcr t'ounty (ir,'~h
Management Plan, including: objective 1.4. policy I.,1.I: ob.lecnve 1.5. poi~cy 15 2.
policy 1.5.5. pohcy 1.5.6: objective 1.6. policy 1.6.3: ob)ectivc 2.I. r~i~c2.' 21 I m~'.:c'. 2 I 2. ,~fl~c~. 2 I .:. p,~hcy
2.i.5, and pohcy 2.1.6 of the ttousing Element and
\VIIF. REAS. (.'oilier County has received flmding pursuant to :he b~a:c It,,,,mg Inmat,~v, I'a:mcr,h~p
Progwam set forlh in Section 420.907 el. seq., Florida Stalutes and ('haptc-r 91-3-. [lo.':~da Admm~,traw, c t 'ode. and
WItEREAS, in accordance with Collier County Ordinance No. 93.19. thc ('~mnty ,, at:lh,~r!..,cd lo usc
funding from the State }lousing Initmtives Partnership [SltIP] Pr.gram for x~a~xer- t,! (',lhcr ('ountx ~mpact t'ccs;
and
WI [F.R[:.AS. Immokalee ttabilat lbr l lumantty. Inc. i~ ,:eck~ng a waiver ,,I .,pat: lZ'cs: and
W}IF. REAS, Immokalee tlabital Ibr llumanity. Inc. will conslruct .nc I1} thrcc-bcdro{m~ uml Ithe
"Dwelling [Init") on Lot 25, Block 10. Naples Manor Lakes which ~s proposed t, ,,ell f,r Forty-Six Thousaml Frye
lfundred Dollars ($46.500.00): and
WHEREAS, the Dwelling Unit ,,,,'ill be purchased by a very Iow income Imusehold which
invest a minimum of live hundred (500) hours of "Sweat Equity" bcf, rc it obtains title
WI IERI{AS. Mr. ('harlcs C. Smith. Vice President of lmmokalcc
the Office of ttousing and Urban Improvement an Affordable Itouslng Application dated September 30. 1997 fi)r a
waiver of impact Ices for the construction of a house on I.ot 25. Block 10. Naples Man.r l.akcs, a copy of salt!
application is on file in the Ilousing and Urban Improvement Department: and
WHEREAS, in accordance with Section 3.04 of the Regional Water System Impact Fcc Ordinance,
Ordinance No. 90-86. as amended: Section 3.04 of the Regional Sewer System Impact Fcc ()rdinancc . ()rdinance
No. 90-87. as amended; Section 3.04 of the Library System Impact Fee Ordmancc. ()rdmancc No. 88-97. as
amended; Section 4.05 of the Parks and Recreational Facilities Impact Fcc Ordinance. ¢)rdinancc Nt~. 88-96. as
amended: Section 3.04 of thc Road Impact Fcc Ordinance. Ordinance No. 92-22. :is amended: ScclioB 3.05 (')1' the
Emergency Medical Services System Impact Fcc Ordinance. Ordinance No. 91-71. as amended: and ,'<,¢ction 3.¢)5 of
the Educational Facilities System Impact Fee Ordinance. Ordinance No. 92-3'.'. as amended: an apphcant may oblain
a waiver of smpact fees by qualifying for a waiver: and
WIIF. REAS, Immokalee llabitat for Ilum:,mly, Inc. has qualified for an mq,act tL'e waiver based upon the
following representations made by Immokalee Ilabitat for Humanity, Inc.:
A. The Dwelling Umt shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold to a household with a very' low in,omc level as that ~crm ~s defined
in the Appendices to the respcctwc Impact Fcc Ordinances and thc monthly payment m purchase the
unit must be within the affordable housing guidelines established in the Appendices to thc
respective Impact Fee Ordinances.
The Dwelling Unit shall be the Homestead of the owner.
The Dwelling Unit shall remain affordable for fifteen (15) years t?om thc date the certificate of
D.
occupancy ~s issued.
NOW THEREFORE, BE IT RESOLVED BY THE
COLLIER COU~'NTY, FLORIDA, that:
BOARD OF COUN'FY COMMISSIONERS OF
Thc' Board of County Commissioners hereby authorizes thc ('ounty Manager to issue a,,
Authorization for waiver of impact fees to lmmokalee Itabitat for ttumanity. Inc. for one (I) house
which shall be construcled on Lot 25, Block I0. Naples Manor l.akcs. ('oilier County. Florida.
Upon receipt by the }lousing and Urban Improvement Dirccl()r ()1' an agreement for waiver of
impact fees signed by lmmokalee tfabitat for llumanity. Inc.. and/or thc purchaser, or other
documentation acceptable to the County Attorney. the Board ol' ('(runty ('ommissioncrs hereby
authorizes the pa>wnent by Collier County of thc following impact fccs from the Affordable l lousing
Trust Fund. Fund (191), in the following amounts for the one (I) house to bc built on Lot 25. Block
10. Naples Manor Lakes by Immokalee t tabitat for l lumanity, Inc.:
A. LibraD' Impact Fee S 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 51.340.00
TOTAL IMPACT FEES $6,169.52
3. The payment of impact fccs by Collier County is subject to thc execution and recordation of an
agreement for waiver of Collier County lmpact 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, FI.ORIDA.
BY:'I~m~th~ L?an~o~k,~Chairman
c/naples manor lakes/reso
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EXHIBIT "A"
LEGAL DESCRIPTION
LOT 25 OF BLOCK 10, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 86, OF q'tiE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this.,d_,o~lay of ~(,a,-.. 1997, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and lmmokalee 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 Collier County Regional Sewer System Impact Fee Ordinance; Collier County
Ordinance No. 88-97, as amended, the Collier County Library System Impact 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 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 ma3' be further amended from time to time hereinafter collectively referred to
as "Impact Fec 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 thc Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
hnprovement; and
WHEREAS, thc 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 thc
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-q'/7 at its regular meeting of ~~f , 1997;and
WHEREAS, the Impact Fee Ordinance requires that thc OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the panics covenant and
agree as follows:
1. 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 (tile "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 thc appendices to the
Impact Fee Ordinance for a period of fifteen (15) years commencing from tile date tile ccnificate
of occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants tile
following:
a. The Dwelling Unit shall be sold to a household with a very lox,.' income as
defined in thc appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Uni! shall be within tile
affordable housing guidelines established in thc 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 ofowncr;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued tbr ~he Dwelling
Unit; and
e. OWNER is the owner of record of the Dwelling Unit and owes impac~
fees in the total amount of S6,169.52 pursuant to thc hnpact Fcc
Ordinance. In return for the waiver of the impact fees owed by OWNER,
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OWNER covenants and agrees to comply with thc affordable housing
impact fee waiver qualification criteria detailed in thc Impact Fcc
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER 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 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 the
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 the Agreement
requirements and fifteen (15) years after the date of issuance of thc ccrtificatc of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at thc expense of the COUNTY,
record any necessao' 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 this
Agreement and their respective heirs, personal representatives, successors and assigns. In thc
case of sale or transfer by gift of the Dwelling Unit, thc original OWNER shall remain liable
the impact fees waived until said impacl fees are paid in full or until Ibc 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 the cxpcnsc of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of Ccunty Comm issioncrs.
11. 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 the Impact Fcc Ordinance and thereafter Vails 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 (I 5) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property Vail 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 non-compliance. OWNER agrees that thc 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 thc Ibrcclosure 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 thc 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:
nt Name
.(//16rint N am e~.~2v~~_
OWNERS:
IMMOKALEE HABITAT FOR
HUMANITY, INC.
I
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Approved as:th' ~rm and
legal sufficiency
h-eidi F.'Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS ' '"
COLLIER COUNTY, FLORIDA
By:
Timothy ~/4:~a~'~ocl~, Chaim~an
STATE OF Florida )
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this
by Charles C. Smith,
to me.
[NOTARIAL SEAL]
. ' 0,,., ,', ...'.¢.
day of~, 1997,
Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known
~ture of Person Taking ACkno~edgment
Name of Acknowledger Typed, Printed~r Stamped
C>
jcl/gm/c/naples manor lakes/agree
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EXHIBIT "A"
LEGAL DESCRIPTION
LOT 25 OF BLOCK 10, NAPLES MANOR LAKES, ACCORI)IN(i
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF TIlE PUBLIC RECORDS OF COLLIER CO[IN'I'Y
FLORIDA.
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