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Backup Documents 03/11/2011 Item #10AORIGINAL DOCUMENTS CHECKLIST & ROUTING SLf O A x , TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j, THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si nature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1. Judy Puig GMD Planning & Regulation/Operations (Initial) 3 CL 2. March 8, 2011 Agenda Item Number 10A 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Deferral Agreement Number of Original 1 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached 3 o 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of Ste addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the if— Name of Primary Staff Amy Patterson Phone Number 252 -5721 Contact appropriate. (Initial) Applicable) Agenda Date Item was March 8, 2011 Agenda Item Number 10A Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Deferral Agreement Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST s eeo✓'c� as &en CL /lec.4- _4' /0- 13ffqt])u- cy9o3c 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from LP contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N n Office and all other parties except the BCC Chairman and the Clerk to the Board I'* 3. 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. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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! 6. The document was approved by the BCC on 3/8/11 (enter date) and all changes made during the meeting have been incorporated in the attached document. The b � x Count Attorney's Office has reviewed the changes, if applicable. s eeo✓'c� as &en CL /lec.4- _4' /0- 13ffqt])u- cy9o3c 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 10 A 0 MEMORANDUM Date: March 22, 2011 To: Amy Patterson, Impact Fee & EDC Manager Business Management and Budget Office From: Ann Jennej ohn, Deputy Clerk Board Minutes & Records Department Re: New Hope Ministries, Inc. Charitable Organization (Recorded) Impact Fee Deferral Agreement Attached for your records is a copy of the document referenced above, (Item #10A) approved by the Board of County Commissioners March 8, 2011. The Minutes and Record's Department will hold the original document in the Official Record's of the Board. If you have any questions, please call me at 252 -8406. Thank you. Attachment Prepared by: INSTR 4536719 OR 4661 PG 208 RECORDED 3/14/2011 3:48 PM PAGES 6 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $52.50 Jeffrey A. Klatzkow Collier County Att'y. 3301 Tamiami Trail East 10 A Naples, FL 34112 This space for recording AGREEMENT FOR DEFERRAL OF COLLIER COUNTY IMPACT FEES CHARITABLE ORGANIZATION IMPACT FEE DEFERRAL PROGRAM o� This Agreement for the Deferral of Impact Fees is entered into this 8 day of M a rC h , 2011, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "County," and New Hope Ministries, Incorporated, hereinafter referred to as "Charitable Entity," collectively referred to as the "Parties." RECITALS: WHEREAS, Sec. 74- 203(1) of the Collier County Consolidated Impact Fee Ordinance, as amended, provides for deferrals of impact fees for qualified charitable organizations and charitable trusts (hereinafter referred to as the "Charitable Organization Impact Fee Deferral Program "); and WHEREAS, Charitable Entity has applied for a deferral of $100,000 in impact fees as authorized by the Charitable Organization Impact Fee Deferral Program. A copy of this request is on file in the Impact Fee Administrator's office; and WHEREAS, the County Manager, or his designee, has reviewed the Charitable Entity's request and has found that it complies with the requirements for deferral of impact fees as outlined in the Charitable Organization Impact Fee Deferral Program; and WHEREAS, by signing this Agreement, the County hereby approves a deferral of impact fees subject to the conditions set forth herein. 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: Page 1 HWJAI 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. The address and legal description of the property which is the subject of this impact fee deferral (hereinafter referred to as the "Subject Property ") is attached as Exhibit "A." 3. The County hereby defers the sum of $100,000 in impact fees, which Charitable Entity acknowledges would be otherwise due and owing. These deferred impact fees are itemized in Exhibit "B." 4. These impact fees will be deferred for a period of ten years from the date of this agreement, so long as the Charitable Entity utilizes the Subject Premises in the manner set forth in the request. Should this stated use end for any reason whatsoever, or should the Charitable Entity lose its status which qualified it for eligibility under the Charitable Organization Impact Fee Deferral Program, then this deferral period will end, and the deferred impact fees will be due and owing. Charitable Entity shall provide County within 30 days of written request with proof of its continued eligible status on request, failing which County may terminate this deferral. 5. This Agreement is personal to the Charitable Entity, and as such, this Agreement may not be assigned or otherwise transferred to anyone without County's prior written consent, which consent may be freely withheld. 6. This Agreement and the deferral of impact fees will constitute a lien on the Subject Property, which lien may be foreclosed upon in the event of non - compliance with the requirements of this Agreement 7. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted 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: Page 2 To County: Collier County Growth Management Division 2800 North Horseshoe Drive Naples, Florida 34104 Attn: Amy Patterson To Charitable Entity: New Hope Ministries, Incorporated 7675 Davis Blvd. Naples, Florida 34104 Attn: Church Administrator 10 A Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 8. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. The County shall provide a copy of the recorded document to Charitable Entity upon request. 9. In the event of a dispute under this Agreement, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for relief in the Circuit Court of Collier County to enforce the terms of this Agreement, which shall be the sole venue for any such disputes. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 3 10A IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E: $RO -&, Clerk COLLIER COUNTY, FLORIDA $y: By: deputy Clerk FRED W. COYLE, CHA1kQN AS "T O CII1E ENTITY: WITNESSES: G}c� Print Name: Th m Act K i n Print 1 `% STATE OF FLORIDA COUNTY OF COLLIER NEW ;;Z/;;� C. By: Print e: E ' Print Title: I -M&M 5-r 1D fZ- The foregoing instrument wa$ acknowledged before me this , day of Y"Wolk , 20115 by ?t*5rm*'k , as �%r^A" of New Hope Ministries, Incorporated, who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of VQ-edl', , 2011. NOTARY OR EMB 9 S1R�A I. TORRES MY COMMISSION # DD657564 EXPIRES: April 22, 2011 �n I- 800-3- NOTARY Fl. Notary Discount Assoc. Co, ViA4=1 l_%4 A+a T , —[0 ,r r'e5 Printed Name VD 6575(o4 hV4,ZA aa,, it Commission No. Expiration Date Page 4 10 EXHIBIT "A" LEGAL DESCRIPTION OF CHARITABLE ENTITY ADDRESS The East one -half (1/2) of the West one -half (1/2) of the Southeast one quarter (1/4) of the Southwest one - quarter (1/4) of Section 4, Township 50 South, Range 25 East, less the South 75 feet for purposes of road right -of -way. Page 5 EXHIBIT "B" DEFERRED IMPACT FEE BREAKDOWN Type of Impact Fee A. Correctional Facilities B. EMS Impact Fee C. General Government Building Impact Fee D. Law Enforcement Impact Fee E. Road Impact Fee TOTAL DEFERRED IMPACT FEES Page 6 Amount Owed $ 1,478.55 $ 796.71 $ 4,658.39 $ 746.46 $ 92,319.89 $100,000.00 I0A ka