Resolution 1997-426]6A3
RESOLUTION NO. 97-__6__~6_.~
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAl. WATER
SYSTEM IMPAC~F FEES, REGIONAL SEWER SYSTEM IMPACT FEES.
LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAl.
FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAl.
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY IMMOKAI.EE
HABITAT FOR HUMANITY, INC., ON LOT 36, BLOCK 13, NAPLES MANOR
LAKES, NAPLES, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address thc lack of adequate and affordable
housing for moderate, low, and very-low income households in the County and the need for creative and innovative
programs to assist in the provision of such housing by including several provisions in the Collier County Growth
Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy
policy 1.5.5, policy 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, policy
2.1.5, and policy 2.1.6 of the Hou,~ing Element; and
WHEREAS, Collier County has received funding pursuant to the Slate I lousing Im~ialivcs Parlncrship
Program set forth in Section 420.907 e,l,_,SC~., Florida Statutes and Chapter 91-37, Florida Administrative ('ode; and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County ~s authorized to use
funding from the State tlousing Initiatives Partnership [SHIPJ Program for wa:vets of Collier ('ounty unpact fees:
and
WHEREAS, Immokalee Ilabitat for Humanity, Inc. is seeking a waiver of impact fees: and
WHEREAS, lmmokalee ttabitat for ttumanity, Inc. will construct one (1) three-bedroom umt (the
"Dwelling Unit") on Lot 36, Block 13 Naples Manor Lakes which is proposed to sell for Forty-Six Thousand [:ix',-
Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very low ,ncome household which is required to
invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house: and
WlIEREAS, Mr. Charles C. Smith, Vice President of lmmokalee tlabitat for Ilumanity. Inc., submitted to
the Office of Housing and Urban Improvement an Affordable }lousing Application dated September 30. 1997 for a
waiver of impact fees for the construction of a house on Lot 36. Block 13 Naples Manor l.akes, a copy of said
application is on file in the Housing and Urban Improvement Department; and
WHEREAS, 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 Impact Fee Ordinance . Ordinance
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 the Parks and Recreational Facilities Impact Fee Ordinance. Ordinance No. F, 8-96. as
amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22. as amended: Section 3.05 of the
Emergency Medical Services System Impact Fee Ordinance, ordinance No. 91~71. as ay)ended: and Section 3.05 of
the Educational Facilities System Impact Fee Ordinance, ordinance No. 92-33, as amended; an applicant may obtain
a waiver of impact fees by qualifying for a waiver: and
WltEREAS, Immokalee ttabitat for Humanity, Inc. has qualified for an impact fcc waiver based upon thc
follow/ng representations made by Immokalee 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 income level 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 Io the
respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for fifteen {15) years from the date the certificate of
occupancy is issued.
NOW THEREFORE, BE I1 RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA, that:
1. The Board of County Commissioners hereby authorizes thc r,.'~mnly Manager to issue an
Authorization for waiver of impact fees to Immokalee ftabitat for ltumamty, Inc. ft~r one (1) house
which shall be constructed on Lot 36, Block 13 Naples Manor l.akcs, Collier County. Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement t'or x~aivcr of
impact fees signed by lmmokalce Habitat for ltumanity. Inc., and./or thc purchaser, or other
documentation acceptable to the County Attorney, the Board of County Commissioners hereby
authorizes the payment by Collier County of the following impact fees from thc Affordable l lousing
Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 36, Block
13 Naples Manor Lakes by Immokalee Habitat for ltumanity, Inc.:
A. Library Impact Fee S 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
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 the properly owner and/or
purchaser and the County.
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This Resolution adopted alter motion, second and majority vote favoring same.
Approved as to form and
legal sufficiency:
A~i~tant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA .
T~mothy L~lanc-ock, Chairman
o'naples manor lakc'sJreso
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EXHIBIT "A'
LEGAL DESCRIPTION
LOT 36 OF BLOCK 13, NAPLES MANOR LAKES, ACCOP.DING
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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AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for thc Waiver of Impact Fees entered into this go,day of _'~--v-~ 1997, by and .,,
between the Board of County Commissioners of Collier County, Florida. hereinafter referred to .~
as "COUNt" 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 Fcc Ordinance; Collier Cou,~ty
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 Fee Ordinance; Collier County Ordinance
No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; anti 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 ov.'ncr-occupicd 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 t lousing 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 the requisite
impact fees subject to satisfaction of all criteria in the Impact Fcc 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-~ 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 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 thc appendices to thc
Impact Fee Ordinance for a period of fifteen (15) years commencing from the date thc ccrtificate
of occupancy is issued for the Dwelling Unit.
REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc
following:
ao
bo
eo
The Dwelling Unit shall be sold to a household with a very Iow income as
defined in the appendices to thc Impact Fcc Ordi,ancc and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buycr;
The Dwelling Unit shall be the homestead of owner;
The Dwelling Unit shall remain as affordable housing tbr fifteen (15)
years from the date the certificate of occupancy is issued for thc Dwelling
Unit; and
OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of S6,169.52 pursuant to thc Impact Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER,
o
0
0
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OWNER 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, 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 the 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 thc certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at thc expense of the 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 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 thc conditions set forth 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 the provisions of Section 8 are 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) clays after
execution of this Agreement by the Chairman of the Board of County Commissioners.
1 I. 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
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qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay thc
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
qual!fication 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 thc interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall bc on
party 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 be Foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real properly. 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 Agrccmcnt for \Vaivcr
of Impact Fees on the date and year first above written.
Witnesses:
~.~larint Name~,5'," 7
OWNERS:
IMMOKALEE HABITAT FOR
HUMANITY, INC.
L- Charles C, Smith. Vice Pres~nt
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Ar, sistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: Timothy L/Hancock, Chairman
STATE OF
COUNTY OF ~Jlim~)
The foregoing instrument was acknowledged before me this ~ day of~, 1997,
by Charles C. Smith, Vice President of Immokalee Habitat for Humanity, Inc. He is personally known
to me,
[NOTARIAL SEAL]
Sight
Name of Acknowledger Typed, Printe~qr Stamped
jd/gm/c/naples manor lakes/agree
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EXHIBIT
LEGAL DESCRIPTION
LOT 36 OF BLOCK 13, NAPLES MANOR I.AKF~C;, ACCORDING
TO THE PLAT BOOK TtIEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
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