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Agenda 10/10/2017 Item #16F 810/10/2017 EXECUTIVE SUMMARY Recommendation to approve the form of agreement between the Board and applicants participating in the Immokalee Impact Fee Installment Payment Pilot Program (Program) adopted by the Board on July 11, 2017, allowing for payment of impact fees by an installment program, and to establish an interest rate, term length and administrative fees for the Program. OBJECTIVE: To approve the form of agreement between the Board and applicants participating in the Program, and to establish an interest rate, term length and administrative fees. CONSIDERATIONS: On July 11, 2017, the Board adopted Ordinance #2017 -34 which established an Impact Fee Installment Payment Pilot Program for the Immokalee Community Redevelopment Area. The ordinance provides that as an alternative to paying impact fees in full as a prerequisite to the issuance of a Certificate of Occupancy, a feepayer may pay their impact fees in installments rather than a lump sum by entering into an impact fee installment payment program a greement with Collier County which provides that the installment payments shall be by special assessment levied as non -ad valorem assessments against the subject property. The implementation plan included the following items to be completed in advance of the delayed effective date of October 1, 2017. (1) Identify interim staffing needs and begin process to hire temporary employee(s): A job bank employee will be hired from budget available in Impact Fee Fund 107 until the staffing needs of the program are fully understood, at which time the process of securing a full- time position will begin if deemed necessary. (2) Meet with governmental stakeholders, including the Immokalee Fire District, District School Board of Collier County, Collier County Tax Collector and Collier County Property Appraiser and Collier County Clerk of the Circuit Courts (Finance group) to determine interest in participation and program parameters: Staff, along with Commission McDaniel, met with representatives of the Immokalee Fire District on August 16th. Chief Choate agreed to present an item to the Immokalee Board of Fire Commissioners for determination of their participation in the Program. On August 8, 2017, the District School Board voted unanimously to fully participate in whatever the County decides to do as it relates to the Immokalee Impact Fee Installment Program. Staff contacted the appropriate staff in the Tax Collector and the Property Appraiser’s offices and will continue to work with them to complete agreements for services rendered in connection with the Program. Staff contacted the appropriate staff in the Clerk’s office and received approval of the proposed process to track and maintain information as it relates to the repayment of the impact fee funds. (3) Contact a test group of banks, lending institutions and/or financial groups to identify any programmatic limitations or challenges. Staff has been in contact with senior lenders at three local banks. The main issue of concern is 10/10/2017 that a loan would be subordinate to the special assessment for the impact fees. It may be helpful, however, that the impact fees wouldn’t have to be paid in full at sale, and the property could possibly be sold with the assessment remaining in place. (4) Initialize Standard Form Agreement preparation and interlocal agreement updates (as needed), including program applications, lien instruments, affidavits for Certificate of Adequate Public Facilities Program and Agreements with Property Appraiser and Tax Collector. Forms of agreements are included in this agenda item for Board approval for program applicants. The Immokalee Fire District will provide the County with an approved Resolution if they agree to participate in the Program. Staff and the County Attorney are in the proc ess of preparing an affidavit for issuance of a Certificate of Adequate Public Facilities. (5) Fast Track any needed approvals from governmental stakeholders. All required approvals are in process or complete. (6) The following items will be finalized prior to implementation: Program Interest Rate Term (specified length) Administrative Fees, including Property Appraiser and Tax Collector Recording Fees Staff recommends a term of 20 years with an indexed interest rate. Interest rate shall mean the LIBOR Rate (or its replacement) plus two hundred (200) basis points (2.00%), which rate shall be adjusted annually on January 1st for new applicants. Using the current LIBOR 1-year rate of 1.74%, the interest rate for 2017 will be 3.74%. Staff recommends a $500 application fee for a single-family home application and a $1000 application fee for a multi-family or commercial building application for staff time which includes the following: Confirmation of ownership. Confirmation that taxes are current on all properties in Collier County owned by applicant. Confirmation that the owner is not in bankruptcy and that the subject property is not in foreclosure. Preparation, processing and recording of the agreement between the County and the applicant. Creating and maintaining applicant accounts for annual repayment to impact fee funds for the length of term. Providing data annually to Property Appraiser and Tax Collector for non ad-valorem assessments for the length of the term. Coordination with closing agents for payoffs, lien releases, or assumptions as each property is sold. Staff recommends an additional administrative fee for reimbursement of actual costs to the County for services rendered by the Property Appraiser and the Tax Collector. All fees will be reassessed after the pilot period to confirm they represent the actual costs incurred. 10/10/2017 To prevent unintended consequences, the Board will annually review this Pilot Program, and staff will regularly prepare updated reports that any Commissioner can review. If this item is approved by the Board, staff will work with the County Attorney, the Property Appraiser, and the Tax Collector to put together standard form agreements with these Constitutional Officers as part of the implementation of the program. No issues are expected in drafting acceptable agreements. FISCAL IMPACT: Fiscal impacts, both positive and negative, are presently unknown; however, as provided above, the pilot program will be tracked, including annual reports to the Board. GROWTH MANAGEMENT IMPACT: Objective 2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP) states: “Future development will bear a proportionate cost of facility improvements necessitated by growth” which is accomplished, in part by the payment of impact fees. The pilot program provides for the payment of impact fees in installments. Additionally, Policy 1.9 of the Economic Element of the GMP provides: “Collier County, in response to the current and projected needs of its residents, will encourage a diverse mix of housing types, sizes, prices, and rents” and Objective 3 of the Economic Element states: “Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base.” The intent of the pilot program is to determine whether allowing the payment of impact fees by an installment program, as a voluntary alternative to paying the fees in a single, up -front payment, will have a positive effect on both the costs of housing and economic growth, and is consistent with the goals and objectives of the Economic Element of the GMP as listed above. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To approve the form of agreement between the Board and applicants participating in the Program, to establish an interest rate for calendar year 2017 of 3.74% using the current LIBOR 1-year rate of 1.74%, plus two hundred (200) basis points (2.00%), which rate shall be indexed annually on January 1st for new applicants, a term length of twenty (20) years, a $500 application fee for a single-family home application and a $1000 application fee for a multi -family or commercial building application, and an administrative fee for reimbursement of actual charges to the County for services rendered by the Property Appraiser and the Tax Collector. Prepared by: Paula Fleishman, Senior Operations Analyst Capital Project Planning, Impact Fees and Program Management Division Growth Management Department ATTACHMENT(S) 1. Ordinance 2017-34 Installment Payments (PDF) 2. Impact Fee Installment Payment Agreement (DOCX) 10/10/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.8 Doc ID: 3810 Item Summary: Recommendation to approve the form of agreement between the Board and applicants participating in the Immokalee Impact Fee Installment Payment Pilot Program (Program) adopted by the Board on July 11, 2017, allowing for payment of impact fees by an installment program, and to establish an interest rate, term length and administrative fees for the Program. Meeting Date: 10/10/2017 Prepared by: Title: Operations Analyst, Senior – Capital Project Planning, Impact Fees, and Program Management Name: Paula Fleishman 09/27/2017 2:51 PM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 09/27/2017 2:51 PM Approved By: Review: Growth Management Department Paula Fleishman Additional Reviewer Skipped 09/27/2017 2:39 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 09/28/2017 10:36 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/28/2017 1:08 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2017 4:00 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/03/2017 8:59 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2017 1:36 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM ORDINANCE NO.2017- 3 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AN IMPACT FEE INSTALLMENT PAYMENT PILOT PROGRAM FOR THE IMMOKALEE COMMUNITY DEVELOPMENT AREA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2017. WHEREAS, the costs of housing within Collier County, and especially affordable housing, continues to be an area of great concern to the Board of County Commissioners; and WHEREAS, enhancing and expanding economic activity within Collier County is also a matter of great concern to the Board of County Commissioners; and WHEREAS, Collier County has some of the highest impact fees within the State of Florida; and WHEREAS, the Board of County Commissioners is concerned that these impact fees may be negatively impacting both the costs of housing and inhibiting economic activity within Collier County; and WHEREAS the Board of County Commissioners would like to do a pilot program to ascertain whether allowing the payment of impact fees by an installment program, as a voluntary alternative to paying the fees in a single, up-front payment, will have a positive effect on both the costs of housing and economic growth; and WHEREAS, to ensure payment, the Board of County Commissioners believes that payment of impact fees by installments should be an obligation that runs with the land meaning that as owners of the property change, the obligation will continue. In this manner, everyone who owns the property that is being benefitted by the improvements made by the impact fees will share in the cost of the impact fees; and WHEREAS, to prevent unintended consequences, the Board will annually review this Pilot Program, with staff preparing regular updated reports that any Commissioner can review; and WHEREAS, the Board of County Commissioners believes that (1) the area comprising what is known as the Immokalee CRA is an ideal area to test this pilot program; (2) the program will foster the Community Redevelopment Plan for that area;and(3)the program will reduce blight in that area. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: A new Article II, subsection(h) in Section 74-201 of Collier County Ordinance No. 2001-13, as amended, is hereby created to read as follows: h) Impact Fee Installment Payment Pilot Program. 1) The purpose of this Program is to establish an impact fee installment payment pilot program which is intended to provide the Board of County Commissioners of Collier County, 1 of 4 Florida, with the opportunity to study whether the payment changes set forth below result in lower initial costs in housing and greater economic development. 2) As an alternative to paying impact fees in full as a prerequisite to the issuance of a certificate of occupancy or certificate of completion for the development, a feepayer may exercise the privilege of paying impact fees in installments rather than in a lump sum at the time of issuance of the certificate of occupancy by entering into an impact fee installment payment program agreement with Collier County (hereinafter the "agreement") required in this section. The county administrator or designee is hereby authorized to prepare and execute the agreement on behalf of the County. 3) Pursuant to Section 74-302 (h) of the Collier County Code of Laws and Ordinances, a certificate of public facility adequacy (COA) shall be issued concurrent with the approval of the next to occur final local development order. In order to obtain a certificate of adequate public facilities concurrently with the issuance of the final site development plan or plat, the feepayer and owner (if different than the feepayer) shall first enter into an approved impact fee installment payment program agreement with Collier County or provide a notarized affidavit to the county administrator or designee that they intend to participate in the program which must include the following: a) Name of project, legal description and number assigned by Collier County to the development order; b)Name of feepayer and owner; c) Statement of intent that the owner is current on property taxes on the subject property and any other real property owned in Collier County, is not in bankruptcy, and that the subject property is not in foreclosure." 4) The form of the agreement shall be approved by the Board, and the agreement shall at a minimum provide: a) An acknowledgement by the feepayer that the subject property is specially benefited by the improvements to the property and the installment payments shall be special assessments levied as non-ad valorem assessments against the subject property pursuant to the Uniform Assessment Collection Act. For the purposes of this section, the term Uniform Assessment Collection Act" shall mean F.S. sections 197.3632 and 197.3635, as amended. b) The term of the agreement and the interest rate to be charged, which terms shall be set by the Board of County Commissioners. In the event a feepayer enters into the agreement after the deadline to place the assessment on the feepayer's upcoming tax bill for that year, the assessment will be placed on the feepaver's tax bill for the following year but shall accrue interest from the effective date of the agreement. c) Such other terms as deemed appropriate by the County Attorney. 5) Each agreement shall be a covenant that runs with the land and shall be recorded as a lien by county in the public records of Collier County, Florida, at the expense of the feepayer and shall be signed and notarized by the feepayer and owner (if different than the feepayer). 2 of 4 6) Any person seeking an agreement shall file with the county manager an application and the agreement shall be fully executed and recorded prior to issuance of a temporary or final certificate of occupancy or payment of impact fees. 7) Prior to May 1 of each fiscal year, the feepayer of a parcel assessed hereunder shall have the right to pay the outstanding and unpaid balance(s) owed without a prepayment penalty. 8) Pursuant to the Uniform Assessment Collection Act,non ad-valorem assessments levied pursuant to this section shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other liens,titles and claims, until paid. 9) For purposes of this subsection the following conditions shall apply: a) A feepayer must be the legal owner of the property, or designated agent of the owner, and shall provide written and notarized proof of authorization from the owner when requesting to pay impact fees under this subsection; and b) The feepayer and/or owner must be current on property taxes on the subject property and any other real property owned in Collier County by feepayer and/or owner; and c) The feepayer and/or owner cannot be in bankruptcy nor can the property be an asset in any bankruptcy proceeding; and d) The subject property cannot be in foreclosure and cannot have any federal income tax lien,judgment lien or similar liens encumbering the property. 10)As an alternative method to the repayment of impact fees by special assessments under this section, the county administrator or designee may elect to lien the feepayer's property to secure repayment of impact fees paid under this section and is authorized to take any necessary action, including the development of any rules, procedures, agreements and forms to effectuate this method, at the same term and interest rate as set by the Board of County Commissioners. 11) To prevent unintended consequence, the Board will annually review this Pilot Program, with staff preparing regular updated reports that any Commissioner can review. 12) Prior to the third anniversary of this ordinance, the County Manager shall prepare and present a report to the Board of County Commissioners detailing what effect, if any, this program has had on housing costs and economic development, with a recommendation to the Board of County Commissioners on whether to amend, expand, or discontinue this pilot program. SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 3 of 4 SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall become effective October 1, 2017. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this 1,\..\--\-\ day of v\ , 2017. ATTEST: ti BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCIc,Clerk COLLIE' 40V Y, FLORIDA I"I/q-By. 4 °- { t Clerk Penny Taylo i AIRWO • Attest a 6 i slgnatu . Approves ;'-.' it and legality: 4411 Jeffrey A. ',:1tow, County Attorney f i This ordinonc f !--1 wirh the Seez tory of . •r::' i`:i-e the 2 fay of d_O I I-- cnd acknowledgement o that fill' r cejved this 13 day of a-o 1—47 By Q..,_ Q` Deputy Clerk 4 of 4 11,, ,-- ,.. , .. , 1 te. G 9 10, SOµ,Eta` I t.s FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State July 13, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples,Florida 34101-3044 Attention: Teresa Cannon, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2017-34, which was filed in this office on July 13, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 1 This space for recording COLLIER COUNTY IMPACT FEE INSTALLMENT PAYMENT PILOT PROGRAM AGREEMENT This Agreement (hereinafter the “Agreement”) made and entered into this day of ________________, 20___, by and between Collier County, a political subdivision of the State of Florida, through the Board of County Commissioners, hereinafter referred to as "County," and ______________________, hereinafter referred to as "Owner," collectively stated as the “Parties.” RECITALS: WHEREAS, on July 11, 2017, the Collier County Board of County Commissioner adopted Ordinance 2017-34, which established an Impact Fee Installment Payment Pilot Program for the Immokalee Community Redevelopment Area (hereinafter referred to as the “Program”); and WHEREAS, the Program provides that as an alternative to paying impact fees in full as a prerequisite to the issuance of a Certificate of Occupancy or Certificate of Completion for the Development, a feepayer may exercise the privilege of paying impact fees in installments rather than in a lump sum at the time of issuance of the certificate of occupancy by entering into an impact fee installment payment program agreement with Collier County; and WHEREAS, the Program provides that the installment payments shall be by special assessments levied as non-ad valorem assessments against the subject property pursuant to the Uniform Assessment Collection Act, set forth in Florida Statutes sections 197.3632 and 197.3635, as amended. WHEREAS, Owner has applied for payment of impact fee by installments as allowed by the Program, and WHEREAS, the County Manager, or his designee, has reviewed the Owner’s application and has found that it complies with the Program’s requirements; and WHEREAS, the Parties have agreed that the Owner may pay the required Impact Fees in installments as provided for below. 2 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: 1. Recitals Incorporated. The Parties acknowledge that the foregoing Recitals are true and correct and are hereby incorporated by reference herein. 2. Owner, Address and Legal Description. The name of the Owner, the address and legal description of the subject property (the “Property”) is attached as Exhibit A, and is incorporated by reference herein. 3. Owner’s Representations, Warranties and Acknowledgments: Owner represents and warrants the following: a. Owner is the legal owner of the property; and b. Owner is current on property taxes on the subject property and any other real property owned in Collier County by Owner; and c. Owner is not in bankruptcy nor can the property be an asset in any bankruptcy proceeding; and d. The subject property is not in foreclosure and does not have any federal income tax lien, judgment lien or similar liens encumbering the property; and e. Owner is the owner of record of the subject property, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of $__________ as set forth in attached Exhibit B, incorporated by reference; and f. Owner acknowledges that the subject property is specifically benefited by the improvements to the property and the installment payments shall be by special assessments levied as non-ad valorem assessments against the subject property pursuant to the Uniform Assessment Collection Act. For the purposes of this section, the term “Uniform Assessment Collection Act” shall mean F.S. sections 197.3632 and 197.3635, as amended. g. Owner acknowledges that in the event Owner has entered into this Agreement after the deadline to place the assessment on the Owner’s upcoming tax bill for that year, the assessment will be placed on the Owner’s tax bill for the following year but shall accrue interest from the date in which the Impact Fees would otherwise be due, which is the day of issuance of a Certificate of Occupancy or Certificate of Completion for the Development. 3 4. Payment of Impact Fees. This Agreement shall stand in lieu of payment of impact fees, which impact fees would otherwise be due and payable as a prerequisite to the issuance of Certificate of Occupancy or a Certificate of Completion for that Development but for this Agreement. 5. Term and Interest Rate. The Effective Date of this Agreement shall be the date first set forth above. The term of this Agreement will continue until such time that the lien is satisfied by payment to the County of the full amount of the impact fees. The County shall charge an annual interest rate of _____ percent (__%) on the balance of the impact fees owed under this Agreement, which shall accrue interest from the date in which the Impact Fees would otherwise be due, which is the day of issuance of a Certificate of Occupancy or Certificate of Completion for the Development. The estimated payment schedule is attached as Exhibit C. 7. Lien. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of the impact fee shall constitute and be a lien on the property in the total amount of $__________, as set forth in attached Exhibits B and C. Repayment shall include any accrued interest. This lien may be foreclosed upon in the event of default under this Agreement. The County and Owner agree that such lien shall be superior and paramount to the interest of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 8. Release of Lien. Upon satisfactory completion of this Agreement’s requirements, and the requirements of the Impact Fee Installment Payment Pilot Program, including payment of the impact fees and any accrued interest, the County shall, at its expense, record any necessary documentation evidencing such payment, including, but not limited to, a release of lien. 9. Alternative Payment. As an alternative method to the repayment of impact fees by special assessments, the County Manager or designee may elect to lien the Owner’s property to secure repayment of impact fees paid under this section and is authorized to take a ny necessary action, including the development of any rules, procedures, agreements and forms to effectuate this method, at the same term and inter est rate as set by the Board of County Commissioners. 10. Binding Effect. This Agreement shall run with the land and be binding upon the Parties to this Agreement, their heirs, successors, and assigns. The recorded agreement shall serve as an obligation to pay the impact fees. The obligation shall only terminate upon the County recording in the public records of Collier County a release or full satisfaction of the lien. 4 Should the property be transferred, the new owner shall have the option of either paying the principal of all remaining impact fees due as of the date of the transfer (as calculated by the County), or assuming the terms and conditions of this Agreement in a form approved by the County. 11. Recording. This Agreement shall be recorded by the County at its expense in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 12. Prepayment. Prior to May 1 of each fiscal year, the Owner shall have the right to pay the outstanding and unpaid balance owed without a prepayment penalty. 13. Remedies. This Agreement granting the Owner the right to pay their Impact Fees through installments is both a privilege and a courtesy extended by the County to the Owner, who but for this Agreement would otherwise be required to pay the Impact Fees in full as a prerequisite to the issuance of a Certificate of Occupancy or a Certificate of Completion for that Development. Having received the benefits of this Agreement, by not having to pay the Impact Fees in full as otherwise required, should the Owner at any time thereafter during the term of this Agreement elect to challenge any portion of this Agreement in any Court of competent jurisdiction, or for any reason refuse or fail to pay the assessment when due, the County may elect to terminate this Agreement by written notice to the Owner. Upon such election, the entire balance due under this Agreement shall be accelerated and due and payable within 10 business days of the issuance of the Notice. Should owner fail to pay the entire balance within 10 business days of the issuance of the Notice, the County may bring a civil action to collect the remaining balance, and in such event the County shall be entitled to recover all fees and costs, including attorney’s fees and expenses incurred by the County in collecting the remaining balance, plus interest, at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid in full. 14. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Florida. 15. Amendment and Assignment. This Agreement can only be amended or assigned by mutual written consent of the parties hereto with the same formalities as it was executed. 16. Notice. All notices and other communications required hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: 5 To the County: Collier County Manager's Office 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5746 Phone: (239) 252-8383 To the Owner: 17. Merger and Integration Clause. This Agreement constitutes the entire agreement between the parties with respect to the matters noted herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto, are hereby canceled. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SIGNATURE PAGE TO FOLLOW S 6 SIGNATURE PAGE Witness: Owner Name: _________________________ ____________________________ Print Name________________ Print Name___________________ Witness: _________________________ Print Name________________ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this _______ day of ___________, 20____, by ____(name of person)___________ as _______(type of authority) for ____________________________(name of party on behalf of whom instrument was executed), who is personally known to me or has produced __________________________ as identification. [NOTARIAL SEAL] _____________________________________ Signature of Notary Public - State of Florida) _____________________________________ Print, Type, or Stamp Commissioned Name of Notary Public) Collier County, Florida _______ By: Leo Ochs, County Manager STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this ___ day of ______________, 20__, by Leo Ochs, County Manager, on behalf of Collier County. He is personally known to me. ____________________________________ [NOTARIAL SEAL] Signature of Person Taking Acknowledgment Approved as to form and legality: Recommend Approval: ________________________ ________________________ Jeffrey A. Klatzkow Amy Patterson, Director County Attorney Capital Project Planning, Impact Fees and Program Management 7 EXHIBIT A OWNER NAME & ADDRESS LEGAL DESCRIPTION ADDRESS PROJECT NAME PROJECT NUMBER 8 EXHIBIT B IMPACT FEE BREAKDOWN Type of Impact Fee EMS Impact Fee Correctional Facilities Impact Fee Library Impact Fee Parks Impact Fee: Educational Facilities System Impact Fee Road Impact Fee General Government Building Impact Fee Law Enforcement Impact Fee Immokalee Fire and Rescue District TOTAL IMPACT FEES 9 EXHIBIT B ESTIMATED PAYMENT SCHEDULE