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Resolution 1997-428RESOI.UT1ON NO. 97- 428 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONF, RS. ('OI,I,II!R COUNTY. FLORIDA, AUTIIORiZlNG WAIVER OF REGIONAl, WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPA('T FF, ES. LIBRARY SYSTEM IMPACT FEES. PARKS AND RECREATIONAE FACILITIES IMPACT FEES. ROAD IMPACT FEES. EMERGENCY MEI)I('AI, SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTF, M IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ttABITAT FOR HUMANITY. INC.. ON LOT 39. BI,OCK 13. NAPI,ES MAN'I )R LAKES. NAPLES. FLORIDA. WttEREAS, Collier County has recognized and attempted to address thc lack ,f adcqua~c and housing for moderate, low. and very-low income households in thc County and Ibc need for crcauvc and umovauvc programs to assist in the provision of such housing by including several provismns ~n thc Colhcr ('ounty ( ;rowth Management Plan, including: objective I.a. policy 1,4.1: objective 1.5. pohcy 1.5.2. policy 1.5.3. pohcy policy 1.5.5. policy 1.5,6: objective 1.6. policy 1.6.3: objective 2.1. pohcy 2.1.1. pohcy 21.2. pohcy 2.1.3. p,licy 2.1.5, and policy 2.1.6 of the Housing Element: and WHEREAS. ('oilier County has received funding pursuant lo the State fi,using ]nilHlllVeg I'arlncrship Program set forth in Section 420,907 el. seq.. Florida Statutes and ('hapter 91-37. FI,rida Admimstrahve ( 'ode: and WttEREAS. in accordance wilh Collier County Ordinance No. 93-19. the ('ounly ~s aufl~onzcd m use funding from the State ttousing Initiatives Partnership [SttlPI Program for waivers of ('alhcr ('ounLv m~pact fees: and WHEREAS. Immokalee Habitat for llumanity. Inc. is seekmg a waiver of impact fi:cs: anti WIIEREAS. Immokalee tlabitat for Humanity, lac, will construct one (I} three-bedroom Unlt (Ibc "Dwelling [Jnit") on Lot 39, Block 13 Naples Manor l.akcs which ts proposed to sell for Forly-Six Thousand Fwc Hundred Dollars (.~46.500.O0): and WHEREAS, thc Dwelling Unit will be purchased by a vet3,' low income household wh:ch ~s required to invest a minimum of five hundred (500) hours of"Sweat Equity" before ~t obtains lille 1o thc house: anti WHEREAS, Mr. Charles C. Smith, Vice President of Immokalee l-lab~tat for }{amatory. Inc.. submitted to thc Office of tlousing and Urban Improvement an Affordable tlousmg Applicat.~n dalcd Scptcmhcr .:,O. 1')')7 for a waiver of impact fees for the construction of a house on Lot 39. Block 13 Naples Man.r [.akcs. a copy of application is on file in the Housing and Urban Improvement Department; and WtIEREAS, in accordance with Section 3.04 of the Regional Water System h'npacl Fcc ()rdmance, Ordinance No. 90-86. as amended; Section 3.04 of the Regional Sewer System Impact Fcc { )rdmancc . t)rdmancc No. 90-87, as amended; Section 3.04 of the Eibrary System Impact Fee Ordinance. ()rdmancc No RS-97, as amended; Section 4.05 of Ibc Parks and Recrealmnal Facilities Impact Fee Ordinance. (}rdinancc No. b;g-96, ax amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22. as amended; Sccnon 3.05 of the Emergency Medical Sen'ices System Impact Fee Ordinance, Ordinance No. 91-71. as amemled; and Section 3.05 of the Educational Facilities System Impact Fee Ordnance, Ordinance No. 92-33. ax amended: an apphcant may obtain a waiver of impact fees by qualifying for a v, aiver: and WHEREAS, Immokalce Ilabital for ltumanity, Inc. has qualified for an impact fcc waiver based upon the following representations made by Immokalee Habitat for Itumanity. 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 income lcvcl as that term is defined in the Appendices to the respective Impact Fee Ordinances and the m~mthly payment m purchase the unit must be within the affordable housing guidelines established in thc Ap¢cndiccs to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the llomestead oftbe owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date thc cer~ificatc of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to lmmokalee Habitat for tlumanity. Inc. for one (1) house which shall be constructed on Lot 39, Block 13 Naples Manor Lakes, ("oilier ('ounty, Florida. 2. Upon receipt by the tlousing and Urban Improvement Direclor ~f an agreement impact fees signed by lmmokalee llabitat for Ifumanity, Inc.. and:'or the purchaser, or other documentation acceptable to the County Atlorncy, the Board of County ('omm~ssmncrs hereby authorizes the payment by Collier County of the following impact fees from thc Affi~rdablc I lousing Trust Fund, Fund {'191), in the following amounts for the one (l) house to be built on l.ot 39. Block 13 Naples Manor Lakes by Immokalee ltabitat for tlumanity. Inc.: A. Library Impact Fee $ 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 $1.340.00 TOTAL IMPACT FEES $6,169.52 3. The payment of impact fees by Collier County is subject to the execution and rccordatmn ,.d' an agreement for waiver of Colher County Impact Fees between thc propcr~y owner ancL:or purchaser and the County. - 2 - 1 6A3'" This Resolution adopted after motion, second and majority vote favoring same, BROCK, Clerk,C. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Ti'mr~th~; L.~an~c~c, dh;irman Approved as to form and legal sufficiency: Assislant County ARomey c/naples manor lakcs/reso EXHIBIT "A" LEGAL DESCRIPTION LOT 39 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 COUN'Dr' FLORIDA. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver &Impact Fees entered into this q_,oeday of ~ 1097, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for tiumanity, Inc.. hereinafter referred to as "OWNER." WITNESSETI't: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 9f)-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 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 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 Iht Impact Fee Ordinance, a copy of said application being on file in the office of }lousing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed thc 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 hnpact Fcc Ordinance qualifying thc 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-..~2,ff" at its regular meeting of___,~ ~.~r,,..~,~-.,t-~ ,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 par~ics covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals arc true and correct and :;ball 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 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 (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc following: ao b° The 12~'elling Unit shall be sold to a household wilh avco' low i~come as defined in the appendices to thc Impact Fee Ordinance and his/hcr monthly payments to purchase thc Dwelling [3nit shall bc within the affordable housing guidelines established in thc appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer: The Dwelling Unit shall be the homestead ofo~ncr: The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date thc certificate of occupancy is issued for thc Dwelling Unit; and OWNER is the owner of record of thc Dwelling tJnit a~a(t owes impact fees in the total amount of $6,169.52 pursuant to thc Impact Fcc Ordinance. In return for the waiver of the impact fees owed by OWNER. - 2 - 16A OWNER covenants and agrees to comply with thc affordable housing impact fee waiver qualification criteria detailed in the 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, thc 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 the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactoD' 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 the expense of the 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 the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In thc case of sale or transfer by girl of the Dwelling Unit, the original OWNER shall remain liable tbr 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 run with 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) (lays after execution of this Agreement by the Chairman of the Board of County Commissioners. 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 Cz> '0 - 3 - qualification criteria established in the Impact Fee Ordinance and thereafter fails 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 Impacl 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 tine said qualification criteria at any time during the fifteen (I 5) 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 Agreement and continuing for fifteen (15) yearn 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, 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 thc foreclosure 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 auomcys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgment~ 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 C~ ' t~'harles C. Smith, V/~e Presidlent {22:> - 4 - Assistant County Attorney 16A3 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF COLTNTY OF The foregoing inst.,'ument was acknowledged before mc this _iV__._ day of~, 1997, by Charles C. Smith, Vice President oflmmokalee Habitat for Humanity, Inc. He is personally known to me. [NOTARIAL SEAL] Si '~~ment Name of Acknowledger Typed, Pfintegl or Stamped · :' ,,' ";1. '.*I, 1 e.L~, :;:~>;:., .~)~[tr. ;7;,',~ OF n.OIb~,',t c, .,,v :.,';.c,t.; t,(., cc:?;-t~.~...~ J 0 jcl/gm/c/naples manor lakes/agree - 5 - 16A EXHIBIT "A" LEGAL DESCRIPTION LOT 39 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 COLI,IER COUNTY FLORIDA. - 6 -