Resolution 1997-418RESOI.UT[ON NO. 97- 4 18
RESOLUTION OF TIlE BOARD OF COUNTY ('OMMISSlf)NERS. ('()1
COUNTY, FLORIDA, AUTIlORIZING WAIVER ()I: R[:~GI()N,,\I. \V,,\TliI,[
SYSTEM IMPACT FEES, REGIONAL S[.~WER SYSTEM INII'.,\("I Fl!liN.
LIBRARY SYSTEM IMPACT FEES, PARKS AND RF. CRI:.ATI()NAI.
FACILITIES IMPACT FEES. ROAD IMPACT FE['~S, EMF. R(iEN('Y NlIil)t( 'AI.
SERVICES IMPACT FEES AND EDUCATIONAl. FACILI-FIES SYSTEM
IMPACT FEES FOR ONE tlOUSE TO BE CONS'IRUCTEI) BY
HABITAT FOR [tUMANITY, IN('., ON I.OT 26. BI.OCK 10. NAI'I.ES MANOR
LAKES, NAPLES. FLORIDA.
WIll.'.REAS, Collier County has recognizctl and attempted to address thc lack ,,f adCtlU:~tc and aft;~rdable
housing for moderate, Iow, and very-low income households in the County and thc need t'~r crcatP,'c and mn~lvat~ve
programs to assist in the provision o£ such housing by including several pro','tsmns m thc ('~lher ('ounty Grmvth
Management Plan, including: okjcctive 1.4. p~')licy 1.4.1: objective 1.5. p(~lic.,, 1.5.2. i'mlicy 1.5.3. p{dicy 1.5.4.
policy 1.5.5. policy 1.5.6: objective 1.6. poll,.:.',' 1.6.3: ~3bjcctlx'c 2.1. policy 2. I. I. p,dlcy 2. !.2. imhcy 2.1.3. policy
2.1.5, and policy 2.1.6 of thc llousing Element: and
WIIEREAS. ('triller County has received I'und;ng pursuanl ti) tilt: ,'<,t~tc Itousmg Imt~;~l~x'cs I'armcrsh~p
Program set fimh in Section 420.907 et. seq., Florida Statutes and ('hapter 91.37. Fh~r~da Admtnlslratwe ('{~d¢: and
WI-IEREAS, in accordance with Collier County Ordinance No. 93-1'). Ih,: ('{runty is :lul}lorl/ed Iii usc
funding from the State [lousing Initiatives Partnership [Sill['} Program for x',alvcrs ~l't h*lhcr ('mmty lmpac! t;.'cs:
and
WtIEREAS, [mmokalee ttabitat for ltumanity. Inc. is seeking a waiver of impact I~'cs: and
WItEREAS. Immokalee Habitat for tlumanity, Inc. will construct one Ill thrcc-bc,.trmm~ tlIIll (the
"Dwelling Unit") on Lot 26, Block I0, Naples Manor l.akcs which is proposed to sc'Il l't~r Forty-SI>: l'}musand Five
Ifundred Dollars (.546,500.00); and
WIIEREAS. the [)welling Unit ,,*,'ill be purchased by a ','er')' lox',' income tmusch~fld which is rcqmrctl m
~nvest a minimum of five hundred 1500) hours of "Sweat Equity" befi~r¢ it oblan'~s title I~ thc }'muse: ;md
WIIEREAS, Mr. Charles C. Smith. Vice President of Imnmkalec [tabilat lbr Ihm~amly. Ir~c . st~}:,mltlcd t,.,
the Office ol'ltousing and Urban lmprovcment an Al'fordablellousing App!icatmn datcdScpfcmbcr 3t.L lqq7 fora
waiver of impact fees fi)r the constructlc, n ~lf a house on l.t)t 26, Block It). N;]plc-; Mam,r' ].akcs. a c~py {~f said
application ts on file in the ]lousing and Urban Improvement l')epar~ment: and
WItEREAS. m accordance v,'ith Section 3.04 of the Regional Water Syslcm Impact Eec {)rdinancc,
Ordinance No. 90-86. as amended: Section 3.04 of the Regional Sewer System b'npact [:cc ()rdinancc . ¢)rdinance
No. 90-87. as amended: Section 3.04 of thc I.ibrary System Impact [:cc Ordm;mcc. ()rdinancc N{). s8-97, as
amended: Section 4.05 of the Parks and Recreational Facilities Impact Fcc Ordinance. ()rdlnancc N{~ ,$8-96. as
amended: Section 3.04 of the Road Impact I:ce Ordinance, Ordinance No. 92.22. as amended; .'";teflon 3.1)5 i~f the
Emergency Medical Services System lmpact Fee Ordinance. Ordinance No. r) l-71. a,: amended: :md Scctmn 3.{15 {*t'
thc Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33. ;P. ;~mcnded: an applicant may ~lbtam
a waiver of impact fees by qualifying for a waiver: and
WHEREAS, Immokalee Habitat for tlumanity. Inc. has qualified for an impact fee waiver based upon the
following represenUstions made by lmmokalee Habitat for tlumanity. 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 ~ncome level as that term is defined
in the Appendices to the respective Impact Fee Ordinances and the m,mthly payment to purchase the
unit must be within thc affordable ilousing guidelines established in Ibc Appendices to thc
respective Impact Fee Ordinances.
C. The Dwelling Unit shall be thc 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 TttE BOARD OF (.'t)I/NTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners hereby authorizes thc (',unty Manager ts) ~ssuc an
Authorization for waiver of impact fees lo lmmokalcc ttabitat I'or llumanity, Inc. for one ( 1 ) house
which shall be constructed on Lot 26. Block 10, Naples Manor Lakes. Collier County, Florida.
2. Upon receipt by the .[lousing and Urban Improvement Director of an agreement for waiver of
impact fees signed by lmmokalee Habilat for Humanity. Inc., and/or the purchaser, or other
documentation acceptable to the County Attorney, the Board of ('ounty Commissioners hereby
authorizes thc payment by Collier County of the following impacl ~;zcs Imm thc AITordablc I lousing
Trust Fund. Fund (191). in the fifllowmg amounts for the one (I) house I(> hc built on Lot 26, Block
10, Naples Manor Lakes bi,' Immokalee Habitat for Humanity. lnc.:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.01~
C. Parks and Recreational Facilities
Impact Fee:
( 1 ) Community Parks 399.00
(2) Regional Parks 179.00
D. EMS Impact Fee 1.4.00
E. Educational Facilities System
Impact Fee 1,778.00
F. Water Impact Fee 900.00
G. Sewer Impact Fee ._$_1.340.00
TOTAL IMPACT FEES $6,169.52
3. The payment of impact fees by Collier County is subject 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 -
This Resolution adopted after motion, second and majority vote favoring, same.
DATED: '"0~
ATTEST: . -
DWIGHT~,BR .~C~ Clerk
· ~ ~ '.~ ~ :/ ~",
';? ..': .
Appt%ved as to fo~
legal su~q~ -.
Heidi F. Ashton
Assistant Coun~ Attorney
BOARD OF COUNTY COMMISSIONF. RS
COLLIER COUNTY, FLORIDA
Timo~hy L/~r~co~k,'Chairman
c/naples manor lakes./reso
- 3 -
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 26 OF BLOCK I0, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COI,LIER COUNTY
FLORIDA.
- 4 -
l A3
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this'da:~,lay of '7},,~., 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 Se,,ver 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 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 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 affordablc 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 the requisite
impact fees subject to satisfaction of all criteria in thc Impact Fee Ordinance qualifying
project as eligible for an impact fee waiver; and
o~
- 1 -
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied
Resolution No. 97- '~?/f,~ at its regular meeting of
1097'
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:
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 (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 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 Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a. The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to thc Impact Fee Ordinance and his,qmr
monthly payments to purchase the Dwelling Unit shall be within thc
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 Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER,
- 2 -
.._ L .......................................................... __ ............. L .............. 1 .................... L ..................... I!JL ....... J
16A3
OW'N£R covenants and agrees to comply with the affordable housing
impact fee waiver qualification criteria detailed in thc Impact Fcc
Ordinance.
5. SUBSEQUENT TRANSFER. IfOWNER sells the Dwelling Unit subject to thc
impact fee waiver to a subsequent purchaser, thc Dwelling Unit shall be sold only to households
meeting the chtcria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. Thc Dwelling Unit must bc 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, tile
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 tile 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 thc panics to this
Agreement and their respective heirs, personal representatives, successors and 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 the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall mn with the 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 expense 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 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 criteria established in the Impact Fee Ordinance and thereafter la~is lo p;~y ulc
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 hil 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 (15) years from the date of issuance of thc certificate of occupancy or until
repaid. Such lien shall be superior and paramount to the interest in thc 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, thc
Board may bring a civil action to enforce this agreement. In addition, thc lien may he foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as Ibr thc tbrcclosurc 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:
?(tint Name
OWNERS:
IMMOKALEE HABITAT FOR
HUMANITY, INC.
B/Y': /(~,..,/.',/" ',/~ '/
t~ &a/lJs~. St-mith,/(/icc Pr~ident
- 4 -
.......... ..LII_ ....................... : ..................................... J ........... ! !..![!1. ............. L. ...... J ................. J
DATED: ~~~ / ~?
ATTEST:'
· ':',D~ I~BROCK, Clerk
,.
' /b '.. ..
legat-suffici~cy
i2le'i~]i'"F: Xshton
Assistant County Attorney
BOARD OF COUN'I Y C()MMI~iL)tNLRb
COLLIER COUNTY, FLORIDA
By:
Timothy L./14ancoCk, Chairman
STATE OF Florida__)
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this
by Charles C. Smith,
to me.
[NOTARIAL SEAL]
'"? ' ~"'" '?o ."
.Jz day ofd. ff~..._~:., 1997'
Vice President of lmmokalee Habitat for Humanity, Inc, He is personally known
Si~'t/ure of Person Taking Acknov~dgment
Name of Acknowlcdger Typed, Prirded or Stamped
jd/gm/c/naples manor lakes/agree
- 5 -
Ill I
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 26 OF BLOCK 10, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN I'LAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -