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Resolution 1995-264 8 A 2 RESOLUTION NO. 95-264 A RESOLUTION OF THE BOARD OF COUNTY COKMISSIOHBRS, COLLIER COUNTY, FLORIDA, AOTBORIZING THE DEFERRAL OF LIBRARY SYSTEM IMPACT FEES, PARKS l\HD RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGZIlCY MEDICAL SERVICES IMPACT FEES, l\HD EDUCATIOHl\L FACILITIES SYSTEM IMPACT FEES FOR TIMBER RIDGE UNIT 12 A 34 SINGLE FAMILY RESIDZIlCES OF AN AFFORDABLE RENTAL HOUSING PROJECT. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very low income households in Collier 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 1.5.4, 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 Housing Element; and WHEREAS, John T. Witchger, Chairman of Immokalee Non-Profit Housing, Inc., a Florida Non-Profit Corporation, undertook the development of Timber Ridge PUD Unit 2, a thirty-four (34) unit affordable rental housing community on a site located in Collier County, Florida, of which Immokalee Non-Profit Housing, Inc. is owner; and WHEREAS, on August 18, 1994, an application was filed with the County Manager for the deferral of Collier County impact fees for the Timber Ridge Unit #2 project consistent with the requirements of the County impact fee ordinances; and WHEREAS, in accordance with 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. 88-96, as amended; Section 3.04 - 2 - 8 A 2 of the Road Impact Fee Ordinant::e, Ordinance No. 92-22, as amended; Section 3.04 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended, an applicant may obtain a deferral of one hundred percent (100\) of impact fees for a period of fifteen (15) years by qualifying for said deferral; and WHEREAS, Timber Ridge Development has qualified for an impact fee deferr~l based upon the following representations made by the Immokalee Non-Profit Housing, Inc.: A. The Dwelling Unit shall be the permanent residence of the occupant/tenant. B. The household renting the Dwelling Unit must have very low or low income level as those terms are defined 1n the Appendices to the respective Impact Fee Ordinances and the monthly rent must be within the affordable housing guidelines established in the Appendices to the respective Irrpact Fee Ordinances. C. The Dwelling Unit shall remain affordable for at least fifteen (15) years from the date the certificate of occupancy was issuedj and WHEREAS, on January 24, 1995 by Resolution No. 95-62 the Board ot County Commissioners granted a 100% def~rral for fifteen years to Timber Ridge PUD Unit 2 for a thirty-four unit rental housing project in Timber Ridge PUD Unit 2; and WHEREAS, the total amount of deferred impact fees was $133,603.68; and WHEREAS, Immokalee Non-Profit Housing and Collier County entered into an Agreement dated January 24, 1995 for the deferral of Impact Fees (the "Original Agreement")j and ~~.... 8 A 2 WHEREAS, the County's Impact Fee Ordinances have been subsequently amended by the County, mak.ing it possible for the rights, interests and lien of the County under and pursuant to the Original Agreement to be subordinated to a primary lender and/or government funded SAIL loan under certain circumstances as set forth in the Impact Fee Ordinance, as amended; and WHEREAS, the Owner has requested that the County subordinate its rights, interests and lien under and pursuant to the Original Agreement to Owner's primary lenders and a qovernment SAIL loan; and WHEREAS, OWner has provided sufficient documentation that it requires a subordination of the County's impact fee to OWner's primary lenders and a government SAIL loan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COKKISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of Collier County Commissioners hereby authorizes the Chairman to sign the Resolution and Amended and Restated ".greement after review for legal form and sufficiency by the County Attorney's office for deferral by Collier County of the following impact fees in the amounts listed below for the (34) single family affordable housing units to be developed by Immokalee I Non-Profit Housing, Inc., on the Timber Ridge Unit 12 Site: Rental Unite Affordable By FamiU.. With Ineo.... Not Exoeeding 50\ of the Median Inco..e for the Napl.s (Collisr County) MSA - 34 Units. Each Unit 34 Units A. Library System Impact Fees $ 180.51 $ 6,137.68 B. Road Impact Fees $1,379.00 46,886.00 - 3 - , , , ,I 8 A 2 c. Parks' Recreation Impact Fees a. Community Parks b. Regional Parks 2. Deferral of said impact fees is subject to and TOTAL $ 399.00 13,566.00 $ 179.00 6,086.00 $ 14.00 476.00 $1.778.00 60.452.00 $3,929.52 133,603.68 D. Emergency Services Impact Fees E. School Impact Fees contingent upon execution and recordation of an Agreement for Deferral of Collier County Impact Fees which shall be entered into between the applicant and County. i'his Resolution adopted after motion, second and majority vote favoring same. , :, D~,!1!PJ r/rj.---- , .1,',';> . ~ ATTEST' it>, ..~...' ~. ,., v , ; ".; Dwight Jr. IltDck, Clerk "I .'" .. i' . :j -' ~. :',; .'-' ~),. ~- "-~ J?1f-- - -. ... 9)L7. "..' ,.,? '-" . .,.,- \' ',"; , I, ~ 1. "'." - . I Approved as to form !. ~nd legal SUfficiency: fi {.~AvftiL' If. i"'" Hoh Assistant County Attorney ""'DOomr", BOARD OF COUNTY COMMISSIONERS COLLIER COUNT , FLORIDA - 4 -