Backup Documents 07/11/2017 Item #16F 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6F ,
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 recn 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 a dy 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
NOS4 J ""t `\`1
4. BCC Office Board of County h
Commissioners ViV l, (
5. Minutes and Records Clerk of Court's Office rAki /201 i 7 312 ifY114—,
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 Phone Number
Contact/ Department Zd C 1- \\A--4 Y--+- QL'()
Agenda Date Item was Agenda Item Number ` / .—
Approved by the BCC 7 - I I - ( - I (p a
Type of Document Number of Original
Attached \ \OS'o_c_o. Documents Attached
PO number or account �1
number if document is enc"-& k"\
to be recorded
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?
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. QJ�C
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
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 n v
signature and initials are required. QJ?�
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. f ,
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 on?AV/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 th- .TO K
BCC,all changes directed by the BCC have been made,and the document is ready to the
Chairman's signature.
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
1 6F 4
MEMORANDUM
Date: August 9, 2017
To: Jace Kentner
Office of Business & Economic Development
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Recorded Assumption Agreement
Attached, for your records is a scanned copy of the document referenced above,
(Agenda Item #16F4) adopted by the Board of County Commissioners on Tuesday,
July 11, 2017.
If you should have any questions, please call 252-7240.
Thank you.
Attachment
16F 4
ASSUMPTION AGREEMENT
This ASSUMPTION AGREEMENT is made and entered into as of July 11,2017,by and between
Staffordshire Properties, Inc.,a Massachusetts domestic profit corporation,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 an 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, Staffordshire Properties, Inc. hereby represents to the County that it is the successor
in interest to Training Manufacturing Institute,Inc., in relation to the Agreement; and
WHEREAS, Staffordshire Properties, Inc. 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 Staffordshire Properties, Inc.'s assumption of rights and
obligations under the Agreement, which is effective as of the date of closing on the subject property by
Staffordshire Properties, Inc.,which is scheduled to occur on or about July 31,2017.
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,Staffordshire Properties,Inc.accepts and assumes all rights,duties,
benefits, and obligations 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 Staffordshire Properties, Inc.'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.
5. Should the scheduled closing on the subject property not occur by August 31,2017,the County
may by written notice terminate this agreement.
6. Staffordshire Properties, Inc. shall register to do business in the State of Florida through the
Florida Department of State, Division of Corporations and shall maintain its eligibility to do
business in Florida throughout the term of this agreement.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date of closing on the subject property by Staffordshire Properties,Inc.,which
is scheduled to occur on or about July 31,2017.
INSTR 5436287 OR 5421 PG 1650
RECORDED 8/2/2017 10:35 AM PAGES 9
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$78.00
16F 4
COLLIER COUNTY:
ATTEST: BOARD O CO I TY COMMISSIONERS
DWIGHT E. BROCK, Clerk 4611PY, FLORIDA
j - !, BY: //jlii , (�
'
By: a �� 'ENNY TAi,,: -, CHA
Attest as to Chainall' erk
signature only.
STAFFORDSHIRE PROPERTIES, Inc.
By: -
Richard Robert, President
Date: 7//7 /a'/
STATE OF
COUNTY OF
The f regomg instrume� cknowled ed before me this /7—day of , 2017 by
��� ,�� "" /// ' and on behalf of Staffordshire Pr erties, Inc.,a
���P�'t" as �r���c�
>ly�known to ,„A has produced
Florida Limited Liability Company. Such person�6per�^„�
f Lfragds identification and did.(flid-rtet)take an oath.
Atezxwidve,,,-3
NOTARY PUBLIC
(STAMP OR SEAL) �/�
44 U--f # / / , i /(/L
OFFICIAL STAMP
~•' . PATRICIA HOPE DREBIN
NOTARY PUBLIC-OREGON
Approve' .as t, o k and legali : `--' COMMISSION NO.950537
MY ''}MMISSION EXPIRES MAY 19,2020
-.mai ti�a
111111111111/rT
Jeffrey A.',1 I ?ai ow, County Attorney
I +
t
1 6 F 4
. . .__. _ '.
3783748 011: 3981 PG: 0102
RECORDED in OFFICIAL RECORDS of COLLIIR CODIMT, FL
02/10/2006 at 01:37PK DEM I. BROCL, CLIRI
RIC III 61.00
' COPI18 7,00
Prepared by: Retn:
Jeffrey A.Klatekow CRIB IKPAC'! FIRS
Asst.Collier county Af'y. IRTIR OFFICI
3301 Thalami Trill East
Naples,FL 34112
AGREEMENT FOR FEE PAYMENT ASSISTANCE
V PROGRAM
ki
This Agreement for Fee Payment Assistance for the payment of Impact Fees is entered into this 9i day of
r 2006 by and between Collier County,a political subdivision of the State of Florida,through its
Board of Commissioners,hereinafter referred to as"COUNTY," and Training and Manufacturing Institute,
Inc,hereinafter referred to as"BUSINESS O ��le ttrt d as the"Parties."
C)0\} RECITALS:
WHEREAS, Collier Cou 0 di ,-'• 003-6 the flier County Fee Payment Assistance
Ordinance, as it may be further en,ed from ti .t' 'me, co ified as Sect on 49 of the Code of Laws and
Ordinances of Collier County Flo ida, .er;ma' r ••• t v 1 d �• 'Fee Payment Assistance Ordinance,"
provides for Fee Payment Assistan •` a w o�t p t:e.:to qu i ing t i eases;and
_
WHEREAS, the BUSIN N e WNER has applied fo ee 'a ,eq i .ssistance as allowed by the Fee
Payment Assistance Ordinance,and , 1;71:-,. of said application epi -ttrd mpact Fee Administration office of
the Financial Administration and Housi J.:. ent;and 4(S.
WHEREAS, the County Manager, or , rgn�e, s ewed 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
1 6 F• _
OR: 3981 PG: 0103
opportunities, lessening the seasonal economic cycle, and encouraging investment opportunities in the specified
areas.
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 j
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 ac • pteiilkt " ",.0 s,which would otherwise be required to be
paid by the BUSINESS OWNER under LID ws Section 74- Or
TERM. The term of this Agreemeis .41- ears from the date 4f th recording of this Agreement and at
the conclusion of the term of the A ce ent AVM on h= subject roperty will a released,provided all terms and
conditions of the Agreement ares• isfi
REPRESENTATION AND WA' : ( rs WN)' epr� n and warrants the following:
� .
The BUSINESS OWNER is (o er of record or the a • 4 ent for the BUSINESS OWNER of
the project,and pursuant to the .• •rdinance . = . . fees in the total amount of$185,684.40
as set forth in attached Exhibit"B",Inc''. .• L. CI sand
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$2,800,000.00;and
The date(month and year)when the project will be substantially complete is December of 2007;and
In return for the COUNTY paying 100% of the impact fees owed by BUSINESS OWNER by use of
specified Program funds, the BUSINESS OWNER further covenants and agrees to comply with the
provisions of this Agreement and the Fee Payment Assistance Program detailed in the Fee Payment
Page 2
1 6 F 4
... . __ . _._ ____ . . . _ _ _ _____
I OR: 3981 PG: 0104
Assistance Ordinance,during the term of this Agreement. Any change in the status of the occupancy,type
of business conducted,or compliance with the requirements of the Program, set forth in the Fee Payment
Assistance Ordinance and this Agreement, will be considered to be a breach of the Agreement and
therefore in default and immediately due and payable,Including any applicable interest,In accordance with
the provisions set forth by Code of Laws Section 49-24(b)(6)of the Fee Payment Assistance Program and
this Agreement.
SUBSEQUENT SALE OR TRANSFER. That the amount of the Impact Fees paid by the COUNTY under
the Program will become due and payable and shall be immediately re-paid to the COUNTY by the
BUSINESS OWNER if the property is sold or transferred without prior written approval from the
COUNTY at any time after the first certificate of occupancy has been issued for the Property and prior to
the 15-year term of the Agreement,and in the event the paid Impact Fee amounts must be re-paid in full to
the COUNTY. Any outstanding (i.e.,as yet not repaid)Impact Fee amounts previously paid under this
Program that become due and payable must then be immediately repaid to the COUNTY and if not so
repaid,the outstanding obligation wills ria�e Property under the terms of the Agreement.
LIEN. The payment of Impac / 1 e COUNT.e ayment Assistance Program under this
Agreement will constitute a len the BUSINESS OWNER Pro rty, which lien may be foreclosed
upon in the name of the B S 'SS : •j$ of non- •mp'ance with the requirements of this
Agreement. The amount.pec • ' -j• o +i o s� a as a lien against the Property
and neither the obligatio for •.1 et oIf
8�•• eesei
; o th• . Bement itself may be transferred,
assigned, credited, or oth • ey ' , he . '+INE'J- tifrom the Property without prior
written approval from the 10_14 TY. :i` A.r
SUBORDINATE. The Cous o` rest may be subordin t 'td it first mortgages or other co-equal
security interests,
and will autotnatattn , • •ubordi te46 e BUSINESS' previously recorded first
mortgage and/or any government flittda• ate• r..IJ)I sines 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
16F 4
_ __ .
OR: 3981 PG: 0105
RECORDING. This Agreement will be recorded in the Official Records of Collier County at no cost to
the County,
I
i
IN WITNESS WHEREOF,the Parties have executed this Agreement on the date and year first above written.
, WITNESS: OWNER: Training and Manufacturing Institute,Inc.
. —4961t11—
ie&gg:47erig,....b,_,-,..e..,
Signed Shad kSon!Q.� i� 44,e j '
Print Name tiJ Print Name: Wa u n '. :urdick,President and
• Chief'sec live Officer
i C 0 11,, V t_i 1
CI.
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing A ent was acknowledged before me this d" day of _,,val i 2006,by
� �) g g /
(d/tltl o,i E tJ,Qt rt_t t . He/She/They is/are personal, known to ft or have produced
• as proof of identity.
I
[NOTARIAL SEAL]
'emluselizarirSON ....1ignature of Person Taking Acknowledgment
- Comd 0002 11144113
I t,{"pi twos t/1a'eos
...
Amor Wareham,Inc i .i
( Page 4
i
1
I
16F4 4
- ...._
OR: 3981 PG: 0106
1
COLLIER COUNTY,FLORIDA
B . '
JAMES V.MUDD,COUNTY MANAGER
STATE OF FLORIDA)
COUNTY OF COLLIER) _
" � o
The foregoing Agreement Wa ,cligi, ledged before me this / o, of \4j 0��,ri¢006,by James V.
Mudd,County Manager,on behalf,f th= CO�e is !ersonal kno •to =.
0 ire...,,,
r / c , Lam'
c)._,
[NOTARIAL SEAL} C Signa r e of'-rso, r-: ng Acknowledgment
V-:,..1,
+ 0
FLORtS E.ROGERS \
MY COMMISSION II DD427462 1} P{I L:_C l�--C •
'� EXPIRES:May 10,2009 Ia0044aOTARY i +Y» aMAiweCa
App .ved : to f•rm and Recommend Approval;
leg :uff no'
Jeffre 1•. tzkow Denton Baker,Director
Assis t C ty Attorney Operations Support and Housing Department
Page 5
{
l F 4
_ _ .
OR: 3981 PG: 0107
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, I
(i -V, OCR
)E V,? 1.,
0 py
1':4, -111Te7aVi''S
Page 6
1 6 F_ _
4
*** OR: 3981 PG: 0108 ***
EXHIBIT"B"
IMPACT F ' ' i OWN
tiI COQ ?`
Type of Impact Fee ' O• •d
A. EMS Impac#Fee () COI!
B. Correctional Facili i pact Fee �_ $ ;x: : 0
C. Road Impact Fee •�� -100.00
D. General Government Buil, c l 13,973.70
E. Law Enforcement Impact Fee $ 1,59230
TOTAL IMPACT FEES $ 185,684.40
Page 7