Backup Documents 10/14/2014 Item #16F2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SI116 F
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office J4./i
tt
/o/0/9
4. BCC Office Board of County "7'4(
Commissioners P/s/ 'u/? ' V
5. Minutes and Records Clerk of Court's Office
to( Iffit 2C35prh
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff APhone j..SNS Phone Number
Q
a l j l
Agenda Date Item was ( ` Agenda Item Number
Lc
Approved by the BCC C C4-O b—ex I `T 2 o 19- I (o 02
Type of Document i_ Number of Original
Attached J\SSIdi'►1 f`t I Del 5 €emerl Documents Attached 1
PO number or account Re-(-t.11`n or;Si n ct Ls 4-0
number if document is Pd we(svri_ b.e re t.
to be recorded a44ef ctgi 145 roperJ- _,
0str f�i7
b INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? (j
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. I\)4
3. Original document has been signed/initialed for legal sufficiency. (All documents to be j
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. Al
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on10/1y/iy(enter date)and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the 1y
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature. 47` (Ge
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16F 2
MEMORANDUM
Date: October 20, 2014
To: Amy Patterson, Impact Fee & EDC Manager
Business Management and Budget Office
From: Martha Vergara, Deputy Clerk
Board Minutes & Records Department
Re: Assumption Agreement— 2050, LLC
Attached for your records is one (1) original of the document referenced above,
(Item #16F2) approved by the Board of County Commissioners on Tuesday, October
20, 2014.
Please forward a recorded original of the agreement to the Minutes and Record's
Department to be held as a part of the Board's Official Record.
If you have any questions, please call me at 252-8406.
Thank you.
16F 2 .
ASSUMPTION AGREEMENT
This ASSUMPTION AGREEMENT is made and entered into as of 1-_1-c 4)er J`{.
2014, by and between 2050, LLC, a Florida Limited Liability Company, and Collier County, a
political subdivision of the State of Florida("County"), collectively stated as the "Parties."
WHEREAS, on February 7, 2006, the County entered into Agreement for Fee Payment
Assistance Program with Training and Manufacturing Institute, Inc., attached hereto as Exhibit
A, and hereinafter referred to as "Agreement"; and
WHEREAS, 2050, LLC hereby represents to the County that it is the successor in interest
to Training and Manufacturing Institute, Inc., in relation to the Agreement; and
WHEREAS, 2050, LLC represents to the County that it is eligible to remain in the Fee
Payment Assistance Program (Immokalee) pursuant to criteria set forth in Ordinance No. 2003-
61, as amended, which required the creation of a minimum of 5 new full-time jobs at an average
wage of at least 50% of Collier County's then current private sector average wage ($16,367); and
WHEREAS, the parties wish to formalize 2050, LLC's assumption of rights and
obligations under the Agreement effective as of the later of the date of closing on the subject
property by 2050, LLC on or about November 12, 2014.
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the parties, it is agreed as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference
herein.
2. Except as provided herein, 2050, LLC accepts and assumes all rights, duties,
benefits, and obligations the under the Agreement, including but not limited to the lien recorded
on February 10, 2006, in the Official Records of Collier County. FL at OR Book: 3981 Page:
0102 and including all existing and future obligations to pay and perform under the Agreement.
3. Except as expressly stated, no further supplements to, or modifications of, the
Agreement are contemplated by the Parties.
4. The County hereby consents to 2050. LLC's assumption of the Agreement. No
waivers of performance or extensions of time to perform are granted or authorized. Except as
provided herein, all other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as the later of the date of closing on the subject property by 2050, LLC on
or about or November 12. 2014.
1
1 6 F 2
COLLIER COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER OUN Y, FLORIDA
F • j
By: Apr B ' jt_ IL_ .
Attest as to Chairman ' `ty ' le TO—M HENNI G, CI • IRMAN
signature only. -
2050, LLC
401
By: 1 A404/
Pri '/Title HA-l/';'
Date: /0 / 3/ / (f
STATE OF
COUNTY OF y�,� /� /� �-
The foregoin* instrument was ackno.wl dged before me this 3' " day of V��f11V��, 2014, by
Rotm 0 nd j, `s / '—as TGf f7a and on behalf of for 2050, LLC, a
FloridJLimite Liability Company. Such person is personally known to me or has produced
�L as identification and ditf(did not)take an oath.
s'ck\P••8:
1 6 F . -
3783748 OR: 3981 PG: O1
RECORDED in OFFICIAL RECORDS of COLLIER COOITF, FL
02/10/2006 at 01:3711 DWIGHT I. BROCK, CLiii
RIC FII 61.00
Prepared by: COPIES 7.00
nth:
Jeffrey A.Klatzkow CDI3 IKPACT FEES
Ass'L Collier County Att'y. INTER OFFICE
3301 Tamismi Trail East
Naples,FL 34112
AGREEMENT FOR FEE PAYMENT ASSISTANCE
V PROGRAM
This Agreement for Fee Payment Assistance for the payment of Impact Fees is entered into this 9 .day of
r- ,2006 by and between Collier County,a political subdivision of the State of Florida,through its
Board of County ommissioners, hereinafter referred to as "COUNTY," and Training and Manufacturing Institute,
Inc,hereinafter referred to as"BUSINESS OWNE 'ci le0i 7stated as the"Parties."
L. RECITALS: *-�� j^`
WHEREAS, Collier Cour)ty Ordnance Nie., 200376 ,. the Collie`County Fee Payment Assistance
Ordinance, as it may be further a,rnended from time..to-tme, co ified as`�Sect\on 49 of the Code of Laws and
Ordinances of Collier County Florida,,�((er gtna'ft r tlrollcthv lyMfrr d ��"Feel Payment Assistance Ordinance,"
provides for Fee Payment Assistant fol'paNT3.5h o{t.,rttpat t_e to •qu ify•mg+busi.esses;and
\r 5
WHEREAS, the BUSINESS,OWNER has applied fok' ee aytti+ettAssistance as allowed by the Fee
L ;,..\ ..4,1;,...„ ,
Payment Assistance Ordinance,and a cdpy of said application is&i fiJe,it the mpact Fee Administration office of
y
the Financial Administration and Housi)tp`®eparttnent;and r NN
WHEREAS, the County Manager or hts{di4ignee Mins^ltevfewed the BUSINESS OWNER'S application
and has found that it complies with the requirements for fee~assistance as outlined and set forth in the Fee Payment
Assistance Ordinance;and
WHEREAS, a Fee Payment Assistance Agreement must be presented in order for the requisite impact fees
to be paid by the allocated funds of the Fee Payment Assistance Program, subject to satisfaction of all criteria in the
Fee Payment Assistance Ordinance qualifying the project as eligible for fee payment assistance;and
WHEREAS, pursuant to Section 74-202 of the Impact Fee Ordinance, as codified in the County's Code of
Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Payment
Assistance agreements;and
WHEREAS, the Impact Fee Ordinance requires that the BUSINESS OWNER enter into an Agreement
with the COUNTY,and
WHEREAS, by signing this Agreement,the County Manager will approve impact fees payment assistance
for the BUSINESS OWNER in support of financial relief for eligible industry development, high wage employment
Page 1
11) F 2
OR: 39 G: 0103
opportunities, lessening the seasonal economic cycle, and encouraging investment opportunities in the specified
areas.
1
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable
consideration,the receipt and sufficiency of which is hereby mutually acknowledged,the Parties covenant and agree
as follows:
RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by reference
herein.
LEGAL DESCRIPTION,ADDRESS AND OWNERSHIP. The name of the BUSINESS OWNER(S),the address
of the subject property, hereafter the Property, and the legal description of same is attached as Exhibit "A", and is
incorporated by reference herein.
PAYMENT OF IMPACT FEES. As a prerequisite to the issuance of the Building Permit(s) for the Development
of the Property, a certified copy of this recorded Agreement must be presented to the COUNTY in order for the
allocated Fee Payment Assistance funds to act ti,5 po itt'[ t kr p act fees, which would otherwise be required to be
paid by the BUSINESS OWNER under C(iStpfLaws Section 74=2(i .e 'y\
I l f/ -f v
TERM. The term of this Agreement is ff)een-(45)..years from the date of th recording of this Agreement and at
the conclusion of the term of the Agreement t ie fen-on the subj ct ropertyi.`ill be released,provided all terms and
conditions of the Agreement are satisfi . c,,,,,,-0,,,,,-\\D 1 f� ?J
REPRESENTATION AND WART 1 'L ,,te e�� SIVWNE 4pre$eno and warrants the following:' . i
/ 7
l'4 \ ".''
The BUSINESS OWNER is t owi er of record or the aut ?i d gent for the BUSINESS OWNER of
the project, and pursuant to the ttnpet't 'oe.Qrdinance_owe in'1p.S4et fees in the total amount of$185,684.40
as set forth in attached Exhibit"B", ocb pQrLt d by tle irerice and
The BUSINESS OWNER has filed a program application which has been accepted by the COUNTY as
sufficient;and
The type of business proposed is classified under North American Industrial Classification System
(NAICS)Code 6244;and
A minimum of five new jobs will be created and retained as a result of the project;and
The newly created jobs pay an average wage equal to or greater than 50%of the County's current private-
sector average wage;and
The estimated total capital investment related to the project is$2,800,000.00;and
The date(month and year)when the project will be substantially complete is December of 2007;and
In return for the COUNTY paying 100% of the impact fees owed by BUSINESS OWNER by use of
specified Program funds, the BUSINESS OWNER further covenants and agrees to comply with the
provisions of this Agreement and the Fee Payment Assistance Program detailed in the Fee Payment
Page 2
16F 2
OR: 3981 PG: 0104
Assistance Ordinance,during the term of this Agreement. Any change in the status of the occupancy,type
of business conducted, or compliance with the requirements of the Program, set forth in the Fee Payment
Assistance Ordinance and this Agreement, will be considered to be a breach of the Agreement and
therefore in default and immediately due and payable, including any applicable interest, in accordance with
the provisions set forth by Code of Laws Section 49-24(b)(6)of the Fee Payment Assistance Program and
this Agreement.
SUBSEQUENT SALE OR TRANSFER. That the amount of the Impact Fees paid by the COUNTY under
the Program will become due and payable and shall be immediately re-paid to the COUNTY by the
BUSINESS OWNER if the property is sold or transferred without prior written approval from the
COUNTY at any time after the first certificate of occupancy has been issued for the Property and prior to
the 15-year term of the Agreement,and in the event the paid Impact Fee amounts must be re-paid in full to
the COUNTY. Any outstanding (i.e., as yet not repaid) Impact Fee amounts previously paid under this
Program that become due and payable must then be immediately repaid to the COUNTY and if not so
repaid,the outstanding obligation will re tr a'a(feu ^
Yciii the,Property under the terms of the Agreement.
LIEN. The payment of Impact fe y-the COUNTY IA tlk\' e.-Payment Assistance Program under this
Agreement will constitute alien oti the BUSINESS OWNER Pro erty, which lien may be foreclosed
upon in the name of the BI SINESS'6WNER in the eventt.of non- mp lance with the requirements of this
Agreement. The amount 'spec n, t4 err"t I or it `o serve as a lien against the Property
and neither the obligatio 4 for p e t of d e Itittp t=ees; no th Agreement itself may be transferred,
�--, "7 ,-'
assigned, credited, or oth4 rti CmtGeyed'byhe"B�INEgR/ from the Property without prior
written approval from the CO ) 3TY. 1, f• ,
n' i / , /
SUBORDINATE. The County's hterest may be subordinatetto;all first mortgages or other co-equal
4 f
security interests, and will auto'm4tical be subordinite\, to;Ole BUSINESS' previously recorded first
mortgage and/or anygovernmentIf1 L
funded attordabte bussiness loan, such as the U.S. Small Business
Administration(SBA)or the U.S. Department of Agriculture(USDA) loan.
RELEASE OF LIEN. Upon satisfactory completion of all requirements of the Agreement,the COUNTY
may record any necessary documentation evidencing same, including, but not limited to, a release of lien.
The lien will not terminate except upon the recording of a release or satisfaction of lien in the public
records of Collier County. Such release will only be recorded upon payment in full or satisfaction under
the terms of this Agreement.
REMEDIES. In the event the BUSINESS OWNER is in default under this Agreement,and the default is
not cured within thirty (30) days after written notice is provided to the BUSINESS OWNER, the
COUNTY may bring a civil action to enforce the Agreement or declare that COUNTY'S payment of the
Impact Fees not yet recouped and previously paid under this Program are thence immediately due and
payable. The COUNTY will be entitled to recover all fees and costs, including attorney's fees and costs
incurred by the COUNTY in enforcing the Agreement,plus interest at the then maximum statutory rate for
final judgments, calculated on a calendar day basis until paid.
Page 3
F
0R. 39A ; 0105
RECORDING. This Agreement will be recorded in the Official Records of Collier County at no cost to
the County.
IN WITNESS WHEREOF,the Parties have executed this Agreement on the date and year first above written.
WITNESS: OWNER: Training and Manufacturing Institute,Inc.
Signed Signed
a, ,[ 1 , f . SvtJ .�cc
Print Name i .i Print Name: Waalth E.\Burdick, President and
i , --- ._,r�-- Chief Exec tive Officer
im.'\ '-`)\
STATE OF FLORIDA)
COUNTY OF COLLIER)
� ��)) The foregoingoAgreement was acknowledged before me this d Alay of ,2006,by
u2_ieet'1 C_/51..)rR AL1` . He/She/They is/are personal , known to tit or have produced
as proof of identity.
[NOTARIAL SEAL]
411g •
lfll 30N« .ignature of Person Taking Acknowledgment
-r� Cargo 0002S40e
a bores 1/25.2009
Sanaa iv (1004432..4251
...`j Flom NoOry Ann.,Inc e
Page 4
OF
OR: 39A 01062
COLLIER COUNTY, FLORIDA
B •
JAMES V. MUDD,COUNTY MANAGER
STATE OF FLORIDA)
COUNTY OF COLLIER)
1 P 'A i
The foregoing Agreement was c cJ% %edged before me this %'c ay of ,i r\-k‘...,,--12006,by James V.
Mudd,County Manager,on behalf 3f the?'COUNTY.\.He'is`personat known to me.
I I,,.-,"'`(/I' ` ',1 2 7 y
G ( 1 1 ! �°
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[NOTARIAL SEAL] _ Si na a of Perso 1 yn Ackndwled m
g f� 4 g g ent
P' F FLORIS E.ROGERS d
40 MY COMMISSION k DD427962 ' ' d P
1 I [ ( y y_(t i
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d N' EXPIRES:May IR.2009 .
140144cmity Fl.Naeary Nome Amu Ca
App •ved • to firm and Recommend Approval;
leg• •uff nc4
V1,
Cr. 113(- ---.9.....-------
Jeffre l• . tzkow Denton Baker, Director
Assis t C r ty Attorney Operations Support and Housing Department
Page 5
1
OR: 3981 :F0107
EXHIBIT "A"
LEGAL DESCRIPTION
OWNERSHIP
ADDRESS
Training and Manufacturing Institute, Inc.
2050 Commerce Avenue, Immokalee Florida 34142
Lot 7, IMMOKALEE AGRICOM PARK PHASE ONE, in accordance with and subject to the
plat thereof, as recorded in Plat Book 17, Pages 55 through 57, inclusive, of the Public Records
of Collier County, Florida.
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Page 6
16F 2
*** OR: 3981 PG: 0108
EXHIBIT "B"
IMPACT FEE BREAKDOWN
t `;\
\ \
\
Otve
Type of Impact Fee I
t \tf
A. EMS Impact Fee ji,,2kt,..90
B. Correctional Facilities mpact Fee $ 1
\
C. Road Impact Fee \ $1,68-poo.00
D. General Government BuildingAthi)!tct,,P-9-cv,k_ 's -13,973.70
E. Law Enforcement Impact Fee $ 1,592.70
TOTAL IMPACT FEES $ 185,684.40
Page 7