Resolution 1997-427
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RI.SOI.I:TIO:\:'>:O ')7. 427
RESOI.I!TION OF TilE BOARD OF COU:\TY' '(l\IMISSIO:\IRS.' C)[ I IIR
COUNTY, FLORIDA. AUTlIORI7.I:\(i WAI\TR m RUdO:'>:AI 11..1 I IY
SYSTEM IMPACT FEES, RUdO:'>:AL SEWER SYSTE\II\IPAC I HIS
lIBRARY SYSTEM IMPACT FEIS. PARKS A:\D RECREXI 10:\\1
FACILITIES I\\PACT FEES. ROAD IMPACT FFES. E\IER(d'SCY \lIll1c II
SERVICES IMPACT FEES A:\n ED'ICA TlO:\AI 1'.\CII.ITII.S SYS I 1\1
IMPACT FEES FOR ONE 1I01:SE TO BE CO:\STR' 'CTI.I) BY 1\I\lC ,1(.\1.1 I
IIARlTAf FOR HUMANITY. l~('. os LOT .~!. HI.( )el\. l.~. :\:\1'I.I".S \1.-\,\()\{
Lt\KFS. ;,\::\PI.ES. l"LORfD:\
\VIIEREAS. ("o\l1cr County has Tccngnlled and a\lcmpli.'J III address IlK bek of adequate and allnrdohk
housing for moderate. 10\\. and n:ry-l(m' Income h()u.~eholds In the ("nunt) ;lnt! the need tor neal1\'c and \nnm':JII\c
programs 10 assist In the prOVISion of such hOUSing hy lm:ludlng sc\cTill pr()\'l\IOnS 111 the ('oll1er {'ounty (;rowlh
Management Plan. Including: ohJectlve lA. poliCY \A.l: nhJcC\I\'l' IS polH.:~ \S2. polICY jj,.\. polley \S4.
policy] .5.5. p(1l1cy 15.(,: nhlCC11\"C IJ1, policy lJd: OhJCCtl\'t. 2 I, policy 2 I !. pol1l'Y 2 I 2. poliCY ~,l ,,~. poliCY
2.\.5, and polley 2.1J) of the JlOUSlllg fJcml:ll1: ;md
\VlIFREAS. Collier County has H'l'Ct\'cd fiJndtnt! purs\J:mt to thl' Swtc llnus\n~: lnltlail\'c" Partnershtp
Program set forth in Secuon 420907 ~LM:Q.. FlOrida Statutt:s ~nd ('h"ptcr 91.) 7. 1'10mb :\dmlTll<.;lrat1\'l' ('mil:: and
\VHEREAS. In accordanct: WI!h ("olller ('ounty OnJinaflcl: No. In-l I). the ('ollnty I... Julhort/cd to lIse
funding from th[' Stale Housing InitJatl\'c~ PartnershIp lSlIlPj Prl\);r;Jnl for Wa1\TrS ui' ('nllll'! ('ounty Imp~L't kc~:
and
\V1Il.:RFAS. Immokalce IIablta! for Illlma01ty. lnc IS ;.Cl'kll1)! a wa1\'cr of 11111',1(1 r,.'c...: and
WHEREAS. lmmobke Hilb1t3t for Ilumamty. Ine. wdl CC);lstrucl onc (11 lhrec-hedroul11 unit IIlw
"Dwdlmg L'J1it") on l.nt '}.7. nlock JJ ;\iapics \-tanor Lakes which ,,; proposrd 1(1 ,\:li rIll ]'\lrlY-SI\1 hn\iSand !"H'
Ilundred Dollars (546.500,00): Jnd
\VHERE:\S. the Dwelling; l1mt will hc purchased h~ a \-ny low 11KOlllt' hO\l"t'hnld which IS rcqulred \0
U1\'est a minimum of fi\"(: hundred (SOU) h()urs of "Swea\ Equtly" hdure \1 obtai;;:, (Ilk lu the hllll"e: and
\VIIl:REAS, l\fr. Charles C. Sml1h. \'Il'C Presll!cnt of lmllwkake llahtt;ll rnr liumanlt}". lnc "'llhnltl1ed to
the Office of HOllsln!,: and Urh;m ImproYl..'mcnt an Affordable Iloustng Applt(Jtllm dated Septemher _Ill. 1\){J7 for a
waiver of Impact fees I'm the constructIOn of a housc on l.ot )7. HInck 1~ :\apk" .\lanlH l.akt::s. a cnpy or S;\ld
application is nn file m 1he Housing and Urban Improvement Department: aml
WHEREAS. 10 accordance \vith SectIOn 3.04 of the RcglOnal Waler System Impact Fcc Ordmanee.
Ordmanee No. 90-86. as amended; Section 3.04 of the Regional Sewer System Impacl Fcc (lrdinancc . (lrd\nancc
;~ll. 90.87. as amended: Sec!lon 3,04 of !he Library System Irnp;lct Fcc Orclin;lI1ce. (Jrd,ll:lm:c No S;';-97. as
amended; Section 4.05 of the Parks and Recrc;lllonal Facill1it.... lmp.:lct Fcc Ordinance, Ord,nam:e No Sl"-9(1. as
amended; Seclion 3.04 of the Road Impact Fcc Ordll1ance. Ordinance :.lo. n-22. as amcnded: Section .I,OS of the
Emergency Medic;l1 ServIces System Impact Fee Ordmance. Ordinance No, 91- 71. as amended: aOlI Section .I,OS of
the Educational Facilities Systcm Impact Fcc OrdInance. Ordinance No. 92-.13. as amcndcd: an :lppliCanl may obtain
a waiver of Impact fees hy qualifying for a W:'l1\'er: and
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\VHEREAS, Immokalcc lIabitat for Humanity. Ine. has qualdied for an Impact t\:c W,ll\TT ha:-.cd upon the
following representations made by Immokalec Habitat for Humamty. Inc.:
A. The Dwelling Unl! shall be sold \0 a nrst-tlmc home buyer.
B. The Dwdiing Unit shall be sold to it household wnh a vcry low IJ1t:OI11C lncl as thaI tCf1l1 h defIned
in the Appendices to the respective Impact Fee Ordmances and the monthly payment 10 pt;rchasc the
Untt must be wlthm the affor(~<.lblc housing guidelmes CSlahl1shcd In the i\PP':m~\Ccs \0 the
respective hnpact Fee Ordinances
C. The Dwe\lm!! Unit shall be the Homestead of the owner
D. "lllc D,vclling Llni! shaii remain alfordaolc for titkcn (1)) years from Ill<.': d;Jll' ,he (lTl:f!(:J:c \)1"
occupancy is l~s\led.
NOW THEREFORE, BE IT RESOLVED BY TlIE BOARD OF ,'O\i\JTY COMMiSSIONERS OF
COLLIER COUNTY, FLORIDA, thUl:
1. The Board of County Cumrl1issioncrs herehy Julhmllcs the County ~\lan;ll!::r ((1 l~~,ue an
r\utnnri.:ation for waiver of i:np:ll:t tct's to lmmoknkc Ilaolta\ fur lll.lrr.anl!~. ! n~' for one ( I ) hU\I:-c
which sh:lll be \:~-'ns~f'Jctcd on Lot :17, Blo..:k 13 N:\pks ManO!" lakes. ('nJllcr ("ounlY. Flol id~l
2. Upon receipl by the I-lousing nnd Urban Impw\'cmcnt Director 1)( ;m agrcement fm \\.l!\TT elf
Impact fees signed by Imn10kakc lIahitat for Humanity. ]nc.. ,l!1d'Of the purchaser. or other
documentation acceptable to the COllnty Attorney, the HOMd of ("nun!)' ('(11ll1l1ISSlOllL'rs hcn:hy
authOrizes the payment oy Collier County of the follOWing lmp.KI Il:cs from (he Afrordahk Ilousing
Trust Fund. Fund (\ l) 1), tn the following amounts for the 0111.: (1) h'H1Sl' to he hullt 011 1(11 1, 7 Illock
JJ Naplc:s Manor Lakes by Immok:.llee Habitat for lIumanity, Inc.
A. Lihrary Impact Fcc S \ 80.52
R
C.
Road Impact Fcc
P:uks and Rccrc:Jllonal Facilities
1.370()()
D.
Impact Fee:
(\) CommunllY Parks
(2) RegIonal Parks
EMS Impact Fcc
309.00
179.00
14.00
E. Educational Facilitil's System
Impact Fcc
1,77R.OO
900.00
..s.1..HQ.QQ
$6,169.52
F.
Water Impact Fee
Sewer Impact Fcc
G.
TOTAL IMPACT FEES
3. TIle payment of Impact fees by Collit.'r County is subject to the l'xeeutllm amI recordation of an
agreement for waiver of Colller County Impact Fees bel ween the property owner and/or
purchaser and the County
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This Resolution adopted after mOlion. second and majority VOle faVOring -"am~.
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DATEP:1~/?7/
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ATTI!ST: ,
DWIGHT E. BROCK. Clerk " ,
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4;)~~0~:~~ ~
Approved as to form and
legal sufficiency:
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Heidi F. Ashton
Assistant County Attorney
cinaples manor lakes/re$o
BOARD OF COUNTY COMMISSIONERS
COLLIE COUNTY. FLORJ[)A
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By' ..~'{., ~:_
') imothy L. an cock, Chairman
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EXHIBIT "A"
LEGAL DESCRIPTION
LOT 37 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 RECORDS OF COI.LIER COUNTY
FLORIDA.
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AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement t'or the Waiver of Impact Fees entered into this'/~eday of _~ a-~--. 1997. by and
between the 3oard of County Commissioners of Collier County, Florida. hereinafter referred lo
as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWN ER."
WITNESSETII:
WHEREAS, Collier County Ordinance No. 90-86, as amended, thc Collier County
Regional Water System Impact Fee Ordinance; Collier County Ordinance No, 9(I-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 ('oilier
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 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 tiousing anti 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 thc 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-~ at its regular meeting of__~
1997;
Lind
WHEREAS, the Impact Fee Ordinance requires that the OWNER cnler into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, thc parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (thc "Dwelling
Unit") is attached hereto as Exhibit "A" and incorporated by reference herein.
3. TERM. OWNER agrees that thc 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 thc date thc certificatc
of occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc
following:
a. The Dwelling Unit shall be sold to a houschol,t with a very low income as
defined in the appendices to the Impact Fcc Ordinance and his/her
monthly payments to purchase the Dwelling Uni! sl~all be within the
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 of owner:
d. The Dwelling Unit shall remain as affordable housing lbr 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 S6.169.52 pursuant, lo thc impact
Ordinance. In return for the waiver of the impact fees owed by OWNER.
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O'~NIER covenants m~d agrees to comply with the affordable housing
impact fee waiver qualification criteria detailed in the Impact Fee
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 the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such pcriod, the
impact fee~ shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon thc 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 Iris 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 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 the parties to INs
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or trar~fer 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 sci t'orth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the 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 the expense or'
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
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qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay tt~c
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 tlac 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 or' 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 itl 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 tile foreclosure of a
mortgage on real property. This remedy is cumulative with any olhcr 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 statutoD' 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:
,'~d'fi t Name~
OWNERS:
IMMOKALEE IqABITAT FOR
HUMANITY, INC. 1
(.~ ~hdrles C. S/mith, Vodc PrcsidC~nt
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DATED: ~)
ATTEST.: ~ 2, I~"~ ',,
ApproCed~J ~rm and
legal sufficiency
Assistant County Attorney
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BOAFLD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By' _~~
'-~m°thl L.~a'~cock, Chairman
/
STATE OF E~)
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of ~_Z~, 1997,
by Charles C. Smith, Vice President of Immokal¢¢ Habitat for Humanity, Inc. He is personally known
to me.
[NOTARIAL SEAL]
Signa~merit
Name of Acknowledger Typed, Printed dr Stampeu
v.,, c:':,4;s'.".'.x ~XL~~
jd/gm/c/naples manor lakes/agree
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EXHIBIT "A'
LEGAL DESCRIPTION
LOT 37 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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