Backup Documents 01/13/2009 Item #16D 3
ORIGINAL. DOCUMENTS CHECKLIST & ROUTING SLn>>6. .0' 3....
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO.L .: .
THEBOARD OF COUNTYCOMlVIISSIONERS OFFICE FOR SIGNATURE
Print o.n pink paper. Allil.ch to. original do.cument. Original documents sho.uld be hand delivered to. the Bo.ard Office. The co.mpleted ro.uting slip and o.riginal
documents are to. be fo.rwarded to. the Bo.ard Office o.nly after the Bo.ard has taken actiono.n the item.)
ROUTING. SLIP
Co.mplete routing lines # I thro.ugh #4 as appro.priate for additio.nal signatures, dates, and/o.r info.rmatio.n neededo lfthe do.cument is already co.mplete with the
exce tio.n o.fthe Chairman's signature, draw a line throu h routin lines #1 thro.u #4, co.m lete the checklist, and fo.rward to Sue Filso.n (line#5).
Route to Addressee(s) Office Initials Date
(List inro.utin o.rder
I.Frank Ramsey Housing and Human Service 1/14/09
2. Commissioner Tom Henning
BCC
.... . PRIMARY CONTACT INFORMATION
(The primaryco.nt~t is the ho.lder of the o.riginal do.cument pending BCC approval. No.rmally the primaryco.ntact is the perso.n who. createdlpreparedthe executive
summary. Primary co.ntact info.rmatio.n is needed inthe event .o.ne o.fthe addresseesabo.ve, inchrling Sue Filso.n, need to. cmtact staff fo.r additio.nal o.r missing
info.rmatio.n. All o.riginal do.cuments needing the BCC Chairman's signature are to. be delivered to. the BCC o.ffice o.nly after the BCC has acted to. approve the
item.) .
Name ofPrimary Staff. Frank Ramsey, Housing Manag~r Phone Number
Contact
Agenda Date Item was 01/13/2009
Approved by the BCC .
Type of Document
Attached
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
252-2336
16D-3
Yes
(Initial)
N/A (Not
A olicable)
6. Minutes and Records
Clerk.ofCourt's Office
-:ft-
I: Forms! Co.untyFo.rms! B<;C Fo.rms! Original Do.cuments Ro.utingSlip WWS Original 9.03.04, Revised l.26.05, Revised 2.24.05
Ag6nda Item Number
Impact Fee Deferr
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initialthe Yes column or mark "N/A" in the Not Applicable cohmm, whiChever is
a ro riate.
Original document has been signed/initialed forlegalsufficiency..(All doc.uments to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, ~tc. signed by the CountyAttorney's Office and signature pages from
contracts, agreements, etc. thathave been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
AIL handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties except the BCC Chairman and the Clerk to the Board
TheChairma1l.'s signature line date has been entered as the date ofBCC approval of the
document or the [mal ne otiatedcontract date whichever is applicable;
"Sign here" tabs areplacedonthe appropriate pages indicating where the Chairman's
signature and initials are required.
In mostcases (some contracts are an exception), the original document and this routing slip
should be provided to .Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are till1esensitiveand require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of your deadlines!
Thedocument was approved by theBCConOl/13/2009 andaH changes made during
the meeting have been incorporated in the attached document. The County Attor,ney's
Office has reviewed thechan es, if a Iicable. '
1.
3.
4.
5.
6.
Return to.
4253627 OR: 4422 PG: 0309
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
01/23/2009 at 10:59AM DWIGHT E.BROCK, CLERK
REC FEE 35.50
COPIES 4.00
\j\
Frank Ramsey
Co.llier Co.unty IllIS
3301 E. Tamiami Trail
Naples, Flo.rida 34112
File# 09-068-IF
Retn:
CLERK TO THE BOARD
INTBROFFICB 4TH FLOOR
BXT 8406
160"3
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 13th day of January, 2009, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Khaled Mahgoub" (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as, Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing ofthe sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Thirty Four Thousand Five
Hundred Seventy Three and 36/100 Dollars ($34,573.36). Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
OR: 4422 PG: 031i 6 D 3
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNT , FLORIDA,
AIRMAN
WITNESSES
OR: 4422 PG: 0311
16D3
W!t~esses. ~
Prini~ ~~wr;.o~
OWNER:
j(~4t+~
Khaled Mahgoub (
OWNER:
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoin Agreement \,,~s acknowledged before me this 1"1fV\ day of l)etemW ,
2008, by iI\J b;lO, who is personally known to me or has produced
-~:~::~~~ lS~~~i.;;. U
Notary Public, State ofFlonda Signature of Person Taking Ackiiowledgment
My comm. expo May ,9, 2009
Comm. No. DO 427346
Approved as to form
and legal sufficiency:
C~~
Colleen Greene /
Assistant County Attorney
-L
----R
arcy Krumbine, M A
Director
Collier County Housing and Human Services
EXHIBIT "A"
*** OR: 4422 PG: 0312 ***
16D3
LEGAL DESCRIPTION
The West Yz of Lot 147 and all of Lot 148, Gulf Harbor, a subdivision as recorded in the Public
Records of Collier County, Florida Plat Book 4, Page 31
STREET ADDRESS
770 Pan Am Avenue, Naples, Florida 34110
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
J. Sewer System Impact Fee
K. Water System Impact Fee
TOTAL IMP ACT FEES
$125.26
$178.25
$553.84
$1,181.05
$2,612.80
$10,098.98
$11,522.55
$886.09
$344.54
$3,495.00
$3,575.00
$34,573.36