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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
McDaniel, William L., Jr. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 Tamiami Trail, East, Suite 300 WHICH I SERVE IS A UNIT OF:
CITY COUNTY ❑CITY LI:iCOUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
October 27, 2020 C9' ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting, who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
William L. McDaniel, Jr. , hereby disclose that on October 27 20 20
•
(a)A measure came or will come before my agency which (check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative, •
inured to the special gain or loss of by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On October 27, 2020, the Board of County Commissioners will consider Agenda Item 16-C-6, a
recommendation to approve and execute a Fifth Amendment to a Lease Agreement with Goodwill Industries of
Southwest Florida, Inc., to continue leasing space for the Senior Nutrition Program in Immokalee.
I am a member of the Board of Directors of Goodwill Industries of Southwest Florida, Inc. and in an abundance
of caution, I will abstain from voting pursuant to Section 286.012, Fla. Stat. to avoid any perceived prejudice or
bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosi he nature of the interest in such a way
as to provide the public with notice of the conflict.
October 27, 2020
Date Filed na ur
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY UIRED DISC OSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: CHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B-EFF.11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.
Attended First Name Last Name Email
Yes John Watson drdjwatson@gmail.com
Yes Paul Arsenault info@arsenaultgallery.com
Yes Jacob Winge jacobwingecr@gmail.com
Yes Laetitia Dawson tishdawson@outlook.com
Yes Alyssa Haney alyssahaney@ffibank.com
Yes Hyla Crane hyla@marcoislandart.org
Yes Steven Bracci steve@braccilaw.com
Yes Heather Donlan Heather@heatherdonlan.com
Yes Sally Woliver sally.woliver@sally-m-woliver-associates.com
Yes Elena Mola emwashingtondc@aol.com
No Sanford Smith sanfordsmith@comcast.net
No Susan Gibbons sgibbonsnyc@aol.com
No Tom Harruff tomharruff@comcast.net
The Area Marked as Both a Park and a Greenway in "Map 5"
of the ENCDP is Neither, It's Currently a Bike Path
o\, a park FREEDOM PARK
4141 2
r f `.
•
�•.r
r . r i
. F1. • . ... . '....
.. „ .,,
‘ A i(I II I I I sil k, . .760 ' 1 '
• St
I t "'
.
•
k • a .
It's not a . - -.: ,-,:{ ,"N
If ,�
greenway , � , , Gordon River
mob. ! ` •a • C 1 �F�. 4)%. i
l `. ...e.cAllm., *.r..,,zi,,,....1 i..
' s' ' ' A '', .. k i ' 0; ,.. ' . kik% ..
,,, --i„.A.,t4 i..!7:- - x....‘ti 4 11; .a' P't
. ... i .1:
, )el,
., ; s. , 1 , ,
r . 1211 _ Av.
" END . .`
4! BIKE f.
' _ PATH FLORIDA
$, -- — HIKES!
FloridaHikes.com
4 bike pa 1i
'" Fig. 2. The E. Naples
` a Community Development
- - Plan's "Map 5" shows a
greenway and a park where
A, there is neither (far left). It's a
r bike path with much potential.
20-Minute Walk Times to County Recreation in Greater Naples
\ .... , •
•
. It .
„__ ittp. „ lip
iii. s
Immokalee Rd.
roii+,---
PP
Golden Gate Blvd W
rt Naples N Vine rds
• `O
w
r
cc
3. •
c
o Iden Gate
• •
•
• •
4 10110 84 84
- 5
N
SP
41
Na r
,
N
A Esri,NASA,NGA,USG University of South Florida,County of Collier,FDEP,
Esri,HERE,Garmin,SafeGraph,METI/NASA,USGS,EPA,NPS,USDA
Fig. 3. Walk times to the county recreation spots west of Collier Blvd. Legend
suggest middle Greater Naples lacks public green space etc. relative to 20 minutes
the areas N, NE, SW, and W. The locations are from the County's GIS
Hub's preserves, parks, beaches, and boating layers in 2020.
TrochessettAimee
From: GrecoSherry
Sent: Tuesday, October 27, 2020 12:25 PM
To: TrochessettAimee
Subject: FW: Tuesday BCC meeting
Can you make 10 copies of this.
Sherry &Wo
Executive Coordinator to
Commissioner Penny Taylor, District 4
Board of Collier County Commissioners
239-252-8604
Fax 239-252-6393
Sherry.Greco@colliercountyfl.gov
Click here to sign up for our District 4 newsletter
From: Muffy Clark Gill <muffyclarkgill@mac.com>
Sent: Sunday, October 25, 2020 8:23 PM
To: Laura Burns<Iburns@uaccollier.org>
Cc: Kristen Kerwin <KKerwin@uaccollier.org>
Subject:Tuesday BCC meeting
EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Hi Laura,
I am afraid I am going to have to pass on attending the Board of Collier County
Commissioners meeting on Tuesday. After observing the behavior of the UAC
board members at the recent Naples City Council meeting plus the lack of
cooperation in working with other member organizations who have been
managing local outside artshow events for years deeply disturbs me. The UAC
should be helping it's members and not competing against them.
I am concerned that the show on 10th street when it is run by Howard Alan(which
currently has a wait list) will have the majority of its exhibitors be from outside of
Collier County. Howard Alan (whom I know and have worked with personally)
puts on a show, brings in outside artists and leaves.The dollars that could be
going to local artists also leaves the community. That will not support local artists
who are struggling right now.
1
Having art shows at the new sports park should be in conjunction with other area
arts agencies. The UAC should act as a clearing house and matchmaker as it
always has in the past to assist its member organizations.) realize that money is
tight but I also realize that competing against other-member organizations is not
a part of the original UAC mission that I have been involved with.
Sincerely,
Muffy Clark Gill
1004 Ridge Street
Naples, FL 34103
Studio 239.434.7006
Direct 239.253.8827
mcgilltropicalart.com
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
2
TrochessettAimee
From: GrecoSherry
Sent: Tuesday, October 27, 2020 12:28 PM
To: TrochessettAimee
Subject: FW: UAC
Print 10 copies please.
Sherry L/f'MCO
Executive Coordinator to
Commissioner Penny Taylor, District 4
Board of Collier County Commissioners
239-252-8604
Fax 239-252-6393
Sherry.Greco@colliercountvfl.gov
Click here to sign up for our District 4 newsletter
From: searl39@aol.com <searl39@aol.com>
Sent: Monday, October 26, 2020 9:49 AM
To:TaylorPenny<Penny.Taylor@colliercountyfl.gov>
Subject: UAC
EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Dear Penny:
I am concerned about UAC going ahead with an art festival on 10th
Street. And I am especially concerned with them bring in Howard
Alan to our community again.
UAC is supposed to be an advocate for the arts, not competition for another
art organization in out community.
You know Naples Art and UAC are in the same boat, they have to raise operating
monies every year. I had thought of them teaming up together. But, now that
is not possible.
Naples Art is moving Art In Park to Baker Park. Artists are not happy. Very
few have sign up. They don't like that there is very little parking and without
advertising no one will show. I would hate to see the oldest art show end.
I don't know what will happen to Naples Art. I did re-join after Aimee left.
They left Jack O'Brien high and dry. He has moved on to something, not in
the arts.
So, wise lady, maybe you can help.
Susan Earl
1
TrochessettAimee
From: GrecoSherry
Sent: Tuesday, October 27, 2020 11:41 AM
To: TrochessettAimee
Subject: FW: Comments to PACE 16.8A BCC Agenda 10-27-20
Attachments: comments to CPACE Agreement Attachment-41259.pdf
Can you please print this with the attachment and give it to Commissioner Taylor on the lunch
break.
% €Waco
Executive Coordinator to
Commissioner Penny Taylor, District 4
Board of Collier County Commissioners
239-252-8604
Fax 239-252-6393
Sherry.Greco@colliercountvfl.gov
Click here to sign up for our District 4 newsletter
From: Emwashingtondc<emwashingtondc@aol.com>
Sent:Tuesday, October 27, 2020 12:22 AM
To:TaylorPenny<Penny.Taylor@colliercountyfl.gov>
Cc:GrecoSherry<Sherry.Greco@colliercountyfl.gov>
Subject: Comments to PACE 16.8A BCC Agenda 10-27-20
EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Commissioner Taylor-
I went ahead and looked at the PACE item and wanted to provide you with (1) my general comments below and (2)
redline of the proposed Agreement between the County and PACE Authority (attached).
My general comments:
According to the US Census, as of 2018, there were more than 43,800 commercial businesses in Collier County that were
sole proprietors and family enterprises with 1-3 owner"employees". Sole proprietors and family enterprises, like
individual homeowners, do not have the resources nor the legal or finance expertise to understand the very complicated
and obscure financing structures, terms and conditions PACE. Additionally, of these, approximately 11,000 are owned by
minorities many of whom are foreign-born wherein English is not their native language.
Consequently, all of these small business owners with properties are going to be in the same or similarly vulnerable
position as individual homeowners who were approached by contractors and told things that were not accurate and then
further confused by the PACE Lenders when asked to sign very complicated 22 page plus documents on an iPhone/ipad
or computer. Not only is the presentation of such an important document with such significant and potentially negative
consequences on a small electronic device impossible to read, but it makes it harder for a business owner/sole proprietor
to take the document to an attorney or financial advisor to review. Therefore, I would recommend that ALL PACE
1
FINANCING AGREEMENTS must be provided and executed in NON-DIGITAL WRITTEN FORMAT. Moreover, they
should be provided to the property owner five (5) days prior to any execution of a Notice of Commencement.
I would also require that attached to any Financing Agreement must be a detailed payment schedule applicable to the
Term of the Financing which clearly and prominently setforths the Total Principal Amount of the Financing, the applicable
API, the Total Interest Amount, the manner in which such financing and associated installments must be
paid. Additionally, any Financing Agreement or PACE materials must clearly and prominently setforth a statement
which discloses that (1) a First Priority Tax Lien shall be placed by the PACE Lender on the property as security for the
Loan/Financing and (2) the PACE Financing is NOT a program of Collier County or endorsed by Collier County and that
property owner is encouraged to review the terms and conditions with legal and financial advisor and compare alternative
financing sources.
Specific Comments to PACE Agreement:
Please see attached.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
2
"EXHIBIT A"
STANDARD MEMBERSHIP AGREEMENT BETWEEN
AND COLLIER COUNTY
This Agreement ("the Agreement") is entered into this day of , 20_ by and between the
, a public body corporate and politic (the "Authority") created as a
separate legal entity pursuant to Section 163.01(7), Florida Statutes, and Collier County, a political
subdivision of the State of Florida (the "County" or "Collier County") (collectively, the "Parties") for the
purpose of providing a Property Assessed Clean Energy ("PACE") program within Unincorporated Collier
County.
NOW,THEREFORE, in consideration of the terms and conditions, promises and covenants hereinafter set
forth,the Parties agree as follows:
1. Purpose. The purpose of this Agreement is to facilitate the financing of qualifying improvements
through a PACE program,in accordancewith Section 163.08,Florida Statutes,forCounty property
owners within Unincorporated Collier County, including [limited to] commercial, industrial,
and commercial multifamily properties ("Limited Real Property Types").
For purposes o2.rQualifying Improvements. Th e Auth ority may provide th e
clarification, financing of"Qualifying Improvements"to[Limited RealProperty Types}within
the 20%loan Unincorporated CollierCounty, in accordancewith Section 163.08,Florida Statutes,and subjectto
to value the termsofthis Agreement,as well as applicable federal, state,and County law.
limitation
Before extending any financing or subjecting any
referenced in 3. Financing Agreement.
Section 163.08, participating Limited Real Property with in th e County, to th e non-ad valorem special
FLorida assessment auth orized th erein,the Authority shall, on a non-exclusive basis pursuant to the
Statutes,shall Section 163.08, Florida Statutes and this Agreement, enter into a [non-digital format
apply to all written] Financing Agreement with properlty owner(s) with in Unincorporated Collier
Limited Real County wh o qualify for financing through th e Auth ority.Th is Financing Agreement shall
Property Types include a thorough explanation of the PACE financing process and specify at wh at point
and the term in the process the special assessment will be added to th e property's owner's
"value"shall be property taxes (after completion of the project(s), permit approval,and approval by the
the "market property owner).
value"as
assessed by tlfb Assessment by Authority. Th e Parties acknowledge and agree th at
Collier County th e non-ad valorem assessments arising from a property owner's voluntary
Appraiser. participation in th e PACE Program are imposed by the Authority and not by the County.
5. Agreements with Tax Collector and Property Appraiser. This Agreement shall be subject to
the express condition precedent th at Auth ority enter into separate
agreement(s)with th e tax collector and the property appraiser which shall provide for the
assessment and collection of any non-ad valorem special assessments imposed by
th e Auth ority and establish Cost Recovery Reimbursementstothe CollierCountyTaxCollectoe
and CollierCounty PropertyAppraiser(ifany)to be ch arged for th e collection and/
or h andling of th os non-ad valorem assessments.Additionally, th e Parties agree
th at th e Property Appraiser's and Tax Collector's assessment, collection, and
distribution of any such non-ad valorem assessments imposed by th e Authority are purely
[20-0PS-0013$19i 03/19 CtS. Pace Standard Agreement
Rev.9/30/20
6. Non-Exclusive. The Program is non-exclusive, meaning the County specifically reserves the right to
authorize other entities to provide a similar program under Section 163.08,Florida Statutes;or create its
own program under Section 163.08; Florida Statutes.
7. Boundaries of Program. For purposes of the PACE Program authorized by this Agreement, the
boundaries of the Authority shall include the legal boundaries of Unincorporated Collier County,
which boundaries may be limited, expanded, or more specifically designated from time to time
by the County by providing written notice to the Authority.
8. Properties. With in th e Unincorporated area of Collier County, only commercial,
industrial, and commercial multifamily properties may [would] be eligible. Residential
single family detached, single family attached, and townhouse structures, as defined by the
Florida Building Code, Residential, are not eligible for the PACE program within the unincorporated
area of Collier County.
9. PACE program guidelines and other materials.All PACE materials for use within Unincorporated
Collier County, or oth erwise related to this Agreement, including but not limited to
program guidelines, rules, consumer agreements, consumer financing agreements,
and promotional materials[provided to property owners],shall be [in a non-digital written format]
fullyconsistentwith the CollierCounty Land DevelopmentCode,Collier County Code of Laws and
Ordinances,and Collier County resolutions,all of which may be amended from time to time, and
with th is Agreement and applicable federal and state laws. Th e Authority acknowledges
and agrees that PACE materials for use within Unincorporated Collier County, or otherwise
related to this Agreement,shall be modified accordingly and reviewed on a continuing basis for
consistency with applicable County, state and federal laws. It shall be the obligation of the
Authority to establish and maintain such consistency. County shall provide written notice to the
Authority ofanyproposedlegislativechanges tothe PACE programvia electronictransmission or US
Mail no later than five (5) days prior to the public hearing on the proposed legislative
changes.
10. Local programGuidelines.The Parties agree that the County may inthe future implementitsown local
program guidelines or affirmatively modify the program guidelines to be
utilized in Unincorporated Collier County. If the County decides to exercise these rights, it
shall give sixty
(60)days written notice to the Authority.Any such local program guidelines can be amended and
changed only by resolution of the Board of County Commissioners. The County may adopt more
restrictive guidelines than those of the Authority. Notwithstanding anything stated herein to the
contrary, the PACE materials, including the Auth ority's program guidelines, sh all
be fully consistent with applicable County,state and federal laws.
11. Disclosures. The PACE materials, including but not limited to the Financing Agreement with the
property owner, consumer agreement, and program guidelines, sh all [be provided in
written non-digital format and] clearly disclose, in plain language,the interest rateto be charged,
including points,as well as any and all fees or penalties,th at may be separately ch arged to th e
property owner, including prepayment penalties for commercial, industrial, and
commercial multifamily properties, and potential late fees. To the extentthat additional fees
are not specifically disclosed in a written agreement with the property owner, the subsequent charging
or collecting of any such additional fees by the Authority or its agents, administrators, or
subcontractors sh all be proh ibited.Th e
Auth ority sh all place the following sentence or similar language (with out th
lzo-oPs-ooC irstryr.a/illogo) on all custramemeort rgrii ions and agreements:
Rev.9/30/20 2
Please be aware that Collier County government is not operating or administering the
PACE program in any way.All contractual PACE agreements are between property owners
and the Authority, a non-County entity. All questions and concerns about this PACE
Program should therefore be addressed to: [Authority contact/remedy information].
12. Consumer Assistance. In order to assist th ose persons wh o may h ave difficulty reading or
understanding the PACE materials, such as the Financing Agreement, program guidelines and
oth er consumer agreements, th e Auth ority sh all provide optional one-on-one assistance
regarding the Authority Program, program terms, program process, program documents, and all
other pertinent information. Information regarding the option of one-on-one assistance shall be
printed. Printed literature must be available, upon request,in English, Spanish, and Haitian Creole
on PACE promotional materials.[A complete and accurate translation of the Financing Agreement
shall be made available to property owner in the Spanish or Creole language for his or her
execution,if any such is the property owner's native language].
13. Disclosures related to lenders. Wh ile th e Auth ority will provide required forms for lender
notification, the Authority shall make clear that the ultimate responsibility for addressing issues
with existing lenders remains with property owners. A statement to this effect should be placed
in the PACE materials, including all agreements with the property owner. In addition, the PACE
materials, including all agreements with th e property owners, sh all include a statement that
strongly urges the property owner to increase month ly escrow immediately after financing is
released.
14. Administrative Fees. Th e County may impose administrative fees to cover th e County's
administrative costs related to this Agreement. Such administrative fees may be established by
the Collier County Board of County Commissioners, by separate action, and shall be charged to
the Authority. The County shall provide written notice to the Authority of any proposed legislative
changes to the PACE program via electronic transmission or US Mail no later than five (5) days
prior to the public hearing on the proposed legislative changes.
15. Responsibilities of the Authority. Th e Auth ority sh all be solely responsible for all matters
associated with origination, funding, financing, and administration of each of th e Authority's
authorized non-ad valorem assessments, including responding to any complaints or inquiries by
participants, tax certificate holders, lenders or oth ers relating to the special assessments, the
financing agreements,the qualifying improvements,or any other aspect of the Program.
16. Survival of Assessments. During th e term of th is Agreement, th e Auth ority may, on a non-
exclusive basis, levy voluntary non-ad valorem special assessments on participating properties
within the boundaries of Unincorporated Collier County to help finance the costs of Qualifying
Improvements for those individual properties.Those properties receiving financing for Qualifying
Improvements shall be assessed from time to time, in accordance with Section 163.08, Florida
Statutes,and other applicable law. Notwithstanding termination of this Agreement or notice of a
ch ange in boundaries by County as provided for h erein,th ose properties th at h ave received
financing for Qualifying Improvements shall continue to be a part of the Authority, until such time
that all outstanding debt has been satisfied.
17. Term.This Agreement shall remain in full force and effect from the date of its execution by both
Parties. Any Party may terminate this Agreement for convenience upon ninety (90) days prior
written notice("Termination Notice").Beginning on the date the Authority receives a Termination
120-0Ps-003'XOTA0849111 the County ("Termipagiscmdpnvrulmtkite Authority shall not approve any new
Rev.9/30/20 3
applications affecting property within the legal boundaries of the Unincorporated Collier County
referenced in the Termination Notice. Notwithstanding termination of this Agreement, however,
property owners whose applications were approved prior to the Termination Date, and who
received funding through the Program, shall continue to be a part of the Authority, for the sole
purpose of paying their outstanding debt, until such time that all outstanding debt has been
satisfied.
18. Kick-Back Policy. PACE programs shall have and shall strictly enforce anti-kickback policies and
procedures that prohibit direct financial or other monetary incentives to contractors in exchange
for or related to such contractor being awarded work under a PACE program,excepting payment
for the contractor's installation of eligible improvements.
19. Termination for cause.In the event that Collier County determines that the Authority has violated
any of the terms of this Agreement, the County shall terminate this Agreement for cause via
written notice to the Authority.
20. Consent. This Agreement, together with the resolution by the Collier County Board of County
Commissioners approving this Agreement, shall be considered the Parties' consent to authorize
the Authority within Unincorporated Collier County, as required by Section 163.08, Florida
Statutes.
21. County Coordinator.The County Manager or his/her designee shall serve as the County's primary
point of contact and coordinator.
22. County Responsibility. Collier County shall have no responsibility for the payment of Authority
fees or the Authority's third party administrator fees, of any kind, including but not limited to
termination fees, Opt-in fee, maintenance fee, or Opt-out fees. In the event that fees become
due, the Authority shall pay any and all associated costs within 30 calendar days. If Authority
membership is required, County shall also be a non-voting member of the Authority.
23. Carbon or Similar Credits. In the event that the Financing Agreement or any other PACE
agreement with the property owner provides for transfer of any carbon or similar mitigation
credits derived from Qualifying improvements to the Authority, any such carbon or similar
mitigation credits derived from Unincorporated Collier County, shall be shared in equal parts
between the Authority and Collier County.
24. Contingency Plans. In the event that Florida's PACE statute is found to be unlawful, struck down
by a court, or if the PACE assessments are determined by a court to not be special assessments,
the Authority agrees and acknowledges that Collier County may not be able to place PACE
assessments on the tax rolls or collect PACE assessments, and that such a determination shall be
made in the sole discretion of Collier County.
25. Bonds. The Authority is not authorized to issue bonds, or any other form of debt, on behalf of
Collier County. To the extent that the Authority issues bonds under its own authority in
connection with this Agreement, the pledge will be based on the PACE assessments, and the
County shall not be obligated in any way. For any such bonds, the bond disclosure document, if
any, shall include references to the fact that Collier County is not an obligated party. PACE
[20-0PS-00380/1571084/1] Pace Standard Agreement
Rev.9/30/20 4
assessments shall be levied and collected subject to the provisions in the aforementioned
agreements with the Tax Collector and Property Appraiser.
26. Opinion of Bond Counsel. Prior to the effective date of this Agreement,the Authority shall deliver
to the County an "Opinion of Bond Counsel" stating that, based on counsel's review of the bond
validation judgment and the underlying bond documents,the Program's structure complies with
the bond validation judgment and the underlying bond documents.The Authority acknowledges
that the County is relying on the Opinion of Bond Counsel in its decision to execute this
Agreement.
27. Resale or Refinancing of a Property.The Authority recognizes that some lenders may require full
repayment of the Program's non-ad valorem assessments upon resale or refinancing of a
property.The Authority agrees to provide written disclosure of this matter in all PACE materials,
including, but not limited to, the Financing Agreement with the property owner, consumer
agreement, program guidelines,and promotional materials.
28. Agents of Authority. The Authority shall ensure that its agents, administrators, subcontractors,
successors, and assigns are, at all times, in compliance with the terms of this Agreement and
applicable County,state and federal laws. County shall provide written notice to the Authority of
any proposed legislative changes to the PACE program via electronic transmission or US Mail no
later than five(5) days prior to the public hearing on the proposed legislative changes.
29. Notices.Any notices to be given hereunder shall be in writing and shall be deemed to have been
given if sent by hand delivery, recognized overnight courier (such as Federal Express), or by
written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is
intended, at the place specified. For the present, the Parties designate the following as the
respective places for notice purposes:
If to the Authority:
(Insert contact information)
If to County:
County Manager
3299 Tamiami Trail East,Suite 202
Naples, FL 34112
With a copy to:
County Attorney
3299 Tamiami Trail East,Suite 800
Naples, FL 34112
30. Amendments. No modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the same or similar
[20-OPS-00380/1571084/1] Pace Standard Agreement
Rev.9/30/20 5
formality as this agreement and executed by the Collier County Board of County Commissioners
and the Authority.
31. Joint Effort. This Agreement has been a joint effort of the Parties hereto and the resulting
document shall not,solely as a matter of judicial construction,be construed more severely against
one of the Parties than the other.
32. Merger.This Agreement represents the final and complete understanding of the Parties regarding
the subject matter hereof and supersedes all prior and contemporaneous negotiations,
correspondence, agreements,or understandings applicable to the matters contained herein;and
the Parties agree that there are no commitments,agreements,or understandings concerning the
subject matter of this Agreement that are not contained in this document.Accordingly,the Parties
agree that no deviation from the terms hereof shall be predicated upon any prior representations
or agreements,whether oral or written.
33. Assignment. The respective obligations of the Parties set forth in this Agreement shall not be
assigned, in whole or in part,without the written consent of the other Party hereto.
34. Third Party Beneficiaries.Neither the County nor the Authority intends to directly or substantially
benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no
third party beneficiaries to this Agreement and that no third party shall be entitled to assert a
right or claim against either of them based upon this Agreement.
35. Records.The Parties shall each maintain their own respective records and documents associated
with this Agreement in accordance with the requirements for records retention set forth in
Chapter 119, Florida Statutes.
36. Severability. In the event a portion of this Agreement is found to be unenforceable by a court of
competent jurisdiction,that part shall be deemed severed from this Agreement and the remaining
provisions of this Agreement shall remain in full force and effect.
37. Administrator Indemnification. Any and all administrators of the Authority shall be required to
execute a separate indemnification agreement with the County.The Authority acknowledges and
agrees that as of the execution of this Agreement, is the only
administrator for the Authority, and that has
executed the separate indemnification agreement with Collier County for the benefit of the
County. If the Authority changes its administrator, the Authority shall ensure that any and all
administrators also provide the County with a separate indemnification agreement, on a form to
be approved by the County Attorney's Office,within 10 business days of assuming administrative
responsibilities for the Authority.[Both the Administrator and the Authority should provide
indemifications.)
38. Effective Date.This Agreement shall become effective upon the execution by both Parties hereto.
39. Law,Jurisdiction, and Venue. This Agreement shall be interpreted and construed in accordance
with and governed by the laws of the state of Florida.The Parties agree that the exclusive venue
for any lawsuit arising from, related to,or in connection with this Agreement shall be in the state
courts of the Twentieth Judicial Circuit in and for Collier County, Florida,the United States District
[20-OPS-00380/1571084/1] Pace Standard Agreement
Rev.9/30/20 6
Court for the Middle District of Florida or United States Bankruptcy Court for the Middle District
of Florida, as appropriate.
40. Indemnification.To the maximum extent permitted by Florida law,the Authority shall indemnify
and hold harmless Collier County, its officers, agents and employees from any and all claims,
liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission,
including,but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the Authority or any of its
agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or
any persons acting under the direction, control, or supervision of the Authority in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. The Authority shall pay all claims and
losses of any nature whatsoever in connection therewith and shall defend all suits in the name of
Collier County and shall pay all costs (including attorney's fees) and judgments which may issue
thereon.This Indemnification shall survive the termination and/or expiration of this Agreement.
This section does not pertain to any incident arising from the sole negligence of Collier County.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of
termination of this agreement.
[20-OPS-00380/1571084/1] Pace Standard Agreement
Rev.9/30/20 7
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written
above.
Attest: COLLIER COUNTY, FLORIDA
CRYSTAL K. KINZEL, CLERK
By: By:
Name
Title
[NAME OF AUTHORITY]
Witness
By:
Name and Title
Name
Title
Approved as to form and legality:
[20-OPS-00380/1571084/1] Pace Standard Agreement
Rev.9/30/20 8
TrochessettAimee
From: GrecoSherry
Sent: Tuesday, October 27, 2020 11:41 AM
To: TrochessettAimee
Subject: FW: Comments to PACE 16.8A BCC Agenda 10-27-20
Attachments: comments to CPACE Agreement Attachment-41259.pdf
Can you please print this with the attachment and give it to Commissioner Taylor on the lunch
break.
Skerry t reco
Executive Coordinator to
Commissioner Penny Taylor, District 4
Board of Collier County Commissioners
239-252-8604
Fax 239-252-6393
Sherry.Greco@colliercountvfl.gov
Click here to sign up for our District 4 newsletter
From: Emwashingtondc<emwashingtondc@aol.com>
Sent:Tuesday, October 27, 2020 12:22 AM
To:TaylorPenny<Penny.Taylor@colliercountyfl.gov>
Cc: GrecoSherry<Sherry.Greco@colliercountyfl.gov>
Subject: Comments to PACE 16.8A BCC Agenda 10-27-20
EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Commissioner Taylor-
I went ahead and looked at the PACE item and wanted to provide you with (1) my general comments below and (2)
redline of the proposed Agreement between the County and PACE Authority (attached).
My general comments:
According to the US Census, as of 2018, there were more than 43,800 commercial businesses in Collier County that were
sole proprietors and family enterprises with 1-3 owner"employees". Sole proprietors and family enterprises, like
individual homeowners, do not have the resources nor the legal or finance expertise to understand the very complicated
and obscure financing structures, terms and conditions PACE. Additionally, of these, approximately 11,000 are owned by
minorities many of whom are foreign-born wherein English is not their native language.
Consequently, all of these small business owners with properties are going to be in the same or similarly vulnerable
position as individual homeowners who were approached by contractors and told things that were not accurate and then
further confused by the PACE Lenders when asked to sign very complicated 22 page plus documents on an iPhone/ipad
or computer. Not only is the presentation of such an important document with such significant and potentially negative
consequences on a small electronic device impossible to read, but it makes it harder for a business owner/sole proprietor
to take the document to an attorney or financial advisor to review. Therefore, I would recommend that ALL PACE
1
FINANCING AGREEMENTS must be provided and executed in NON-DIGITAL WRITTEN FORMAT. Moreover, they
should be provided to the property owner five (5) days prior to any execution of a Notice of Commencement.
I would also require that attached to any Financing Agreement must be a detailed payment schedule applicable to the
Term of the Financing which clearly and prominently setforths the Total Principal Amount of the Financing, the applicable
API, the Total Interest Amount, the manner in which such financing and associated installments must be
paid. Additionally, any Financing Agreement or PACE materials must clearly and prominently setforth a statement
which discloses that (1) a First Priority Tax Lien shall be placed by the PACE Lender on the property as security for the
Loan/Financing and (2) the PACE Financing is NOT a program of Collier County or endorsed by Collier County and that
property owner is encouraged to review the terms and conditions with legal and financial advisor and compare alternative
financing sources.
Specific Comments to PACE Agreement:
Please see attached.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
2
"EXHIBIT A"
STANDARD MEMBERSHIP AGREEMENT BETWEEN
AND COLLIER COUNTY
This Agreement ("the Agreement") is entered into this day of , 20_ by and between the
, a public body corporate and politic (the "Authority") created as a
separate legal entity pursuant to Section 163.01(7), Florida Statutes, and Collier County, a political
subdivision of the State of Florida (the "County" or "Collier County") (collectively, the "Parties") for the
purpose of providing a Property Assessed Clean Energy ("PACE") program within Unincorporated Collier
County.
NOW,THEREFORE, in consideration of the terms and conditions, promises and covenants hereinafter set
forth,the Parties agree as follows:
1. Purpose. The purpose of this Agreement is to facilitate the financing of qualifying improvements
through a PACE program,inaccordancewith Section163.08,Florida Statutes,forCounty property
owners within Unincorporated Collier County, including [limited to] commercial, industrial,
and commercial multifamily properties ("Limited Real Property Types").
For purposes�f Qualifying Improvements. Th e Auth ority may provide th e
clarification, financing of"Qualifying Improvements"to[Limited Real Property Types]within
the 20%loan UnincorporatedCollierCounty, in accordancewith Section 163.08,Florida Statutes,and subject to
to value the termsofthis Agreement,as well as applicable federal,state,and County law.
limitation
referenced in 3. Financing Agreement. Before extending any financing or subjecting any
Section 163.08, participating Limited Real Property with in th e County, to th e non-ad valorem special
FLorida assessment auth orized th erein,the Authority shall, on a non-exclusive basis pursuant to the
Statutes,shall Section 163.08, Florida Statutes and this Agreement, enter into a [non-digital format
apply to all written] Financing Agreement with properlty owner(s) with in Unincorporated Collier
Limited Real County wh o qualify for financing through th e Auth ority.Th is Financing Agreement shall
Property Types include a thorough explanation of the PACE financing process and specify at wh at point
and the term in the process the special assessment will be added to th e property's owner's
"value" shall be property taxes (after completion of the project(s), permit approval,and approval by the
the"market property owner).
value"as
assessed bytlf4 Assessment by Authority. Th e Parties acknowledge and agree th at
Collier County th e non-ad valorem assessments arising from a property owner's voluntary
Appraiser. participation in th e PACE Program are imposed by the Authority and not by the County.
5. Agreements with Tax Collector and Property Appraiser. This Agreement shall be subject to
the express condition precedent th at Auth ority enter into separate
agreement(s)with th e tax collector and the property appraiser which shall provide for the
assessment and collection of any non-ad valorem special assessments imposed by
th e Auth ority and establish Cost Recovery Reimbursementstothe CollierCountyTaxCollectoe
and CollierCounty PropertyAppraiser(if any)to be ch arged for th e collection and/
or h andling of th os non-ad valorem assessments.Additionally, th e Parties agree
th at th e Property Appraiser's and Tax Collector's assessment,collection, and
distribution of any such non-ad valorem assessments imposed by th e Authority are purely
[20-0PS-00EMi gi4)14CtS• Pace Standard Agreement
Rev.9/30/20 1
6. Non-Exclusive. The Program is non-exclusive, meaning the County specifically reserves the right to
authorize other entities to provide a similar program under Section 163.08,Florida Statutes;or create its
own program under Section 163.08; Florida Statutes.
7. Boundaries of Program. For purposes of the PACE Program authorized by this Agreement, the
boundaries of the Authority shall include the legal boundaries of Unincorporated Collier County,
which boundaries may be limited, expanded, or more specifically designated from time to time
by the County by providing written notice to the Authority.
8. Properties. With in th e Unincorporated area of Collier County, only commercial,
industrial, and commercial multifamily properties may [would] be eligible. Residential
single family detached, single family attached, and townhouse structures, as defined by the
Florida Building Code, Residential, are not eligible for the PACE program within the unincorporated
area of Collier County.
9. PACE program guidelines and other materials.All PACE materials for use within Unincorporated
Collier County, or oth erwise related to th Agreement, including but not limited to
program guidelines, rules, consumer agreements, consumer financing agreements,
and promotional materials[provided to property owners],shall be [in a non-digital written format]
fullyconsistentwith the CollierCounty Land DevelopmentCode,Collier County Code of Laws and
Ordinances,and Collier County resolutions,all of which may be amended from time to time, and
with th is Agreement and applicable federal and state laws. Th e Authority acknowledges
and agrees that PACE materials for use within Unincorporated Collier County, or otherwise
related to this Agreement,shall be modified accordingly and reviewed on a continuing basis for
consistency with applicable County, state and federal laws. It shall be the obligation of the
Authority to establish and maintain such consistency. County shall provide written notice to the
Authority ofanyproposedlegislativechanges to the PACE programvia electronictransmission or US
Mail no later than five (5) days prior to the public hearing on the proposed legislative
changes.
10. Local programGuidelines.The Parties agree that the County may inthe future implement its own local
program guidelines or affirmatively modify the program guidelines to be
utilized in Unincorporated Collier County. If the County decides to exercise these rights, it
shall give sixty
(60)days written notice to the Authority.Any such local program guidelines can be amended and
changed only by resolution of the Board of County Commissioners. The County may adopt more
restrictive guidelines than those of the Authority. Notwithstanding anything stated herein to the
contrary, the PACE materials, including the Auth ority's program guidelines, sh all
be fully consistent with applicable County,state and federal laws.
11. Disclosures. The PACE materials, including but not limited to the Financing Agreement with the
property owner, consumer agreement, and program guidelines, sh all [be provided in
written non-digital format and] clearly disclose, in plain language,the interest rateto be charged,
including points,as well as any and all fees or penalties,th at may be separately ch arged to th e
property owner, including prepayment penalties for commercial, industrial, and
commercial multifamily properties, and potential late fees. To the extentthat additional fees
are not specifically disclosed in a written agreement with the property owner, the subsequent charging
or collecting of any such additional fees by the Authority or its agents, administrators, or
subcontractors sh all be proh ibited.Th e
Auth ority sh all place the following sentence or similar language (with out th
i2o-ops-ooana tr'E.:a/i]logo) on all custwmetnemrtirrgrmi ions and agreements:
Rev.9/30/20 2
Please be aware that Collier County government is not operating or administering the
PACE program in any way.All contractual PACE agreements are between property owners
and the Authority, a non-County entity. All questions and concerns about this PACE
Program should therefore be addressed to: [Authority contact/remedy information].
12. Consumer Assistance. In order to assist th ose persons wh o may h ave difficulty reading or
understanding the PACE materials, such as the Financing Agreement, program guidelines and
oth er consumer agreements, th e Auth ority sh all provide optional one-on-one assistance
regarding the Authority Program, program terms, program process, program documents, and all
other pertinent information. Information regarding the option of one-on-one assistance shall be
printed. Printed literature must be available,upon request,in English, Spanish, and Haitian Creole
on PACE promotional materials.[A complete and accurate translation of the Financing Agreement
shall be made available to property owner in the Spanish or Creole language for his or her
execution,if any such is the property owner's native language].
13. Disclosures related to lenders. Wh ile th e Auth ority will provide required forms for lender
notification, the Authority shall make clear that the ultimate responsibility for addressing issues
with existing lenders remains with property owners. A statement to this effect should be placed
in the PACE materials, including all agreements with the property owner. In addition, the PACE
materials, including all agreements with th e property owners, sh all include a statement that
strongly urges the property owner to increase month ly escrow immediately after financing is
released.
14. Administrative Fees. Th e County may impose administrative fees to cover th e County's
administrative costs related to this Agreement. Such administrative fees may be established by
the Collier County Board of County Commissioners, by separate action, and shall be charged to
the Authority. The County shall provide written notice to the Authority of any proposed legislative
changes to the PACE program via electronic transmission or US Mail no later than five (5) days
prior to the public hearing on the proposed legislative changes.
15. Responsibilities of the Authority. Th e Auth ority sh all be solely responsible for all matters
associated with origination, funding, financing, and administration of each of th e Authority's
authorized non-ad valorem assessments, including responding to any complaints or inquiries by
participants, tax certificate holders, lenders or oth ers relating to the special assessments, the
financing agreements,the qualifying improvements,or any other aspect of the Program.
16. Survival of Assessments. During th e term of th is Agreement, th e Auth ority may, on a non-
exclusive basis, levy voluntary non-ad valorem special assessments on participating properties
within the boundaries of Unincorporated Collier County to help finance the costs of Qualifying
Improvements for those individual properties.Those properties receiving financing for Qualifying
Improvements shall be assessed from time to time, in accordance with Section 163.08, Florida
Statutes, and other applicable law. Notwithstanding termination of this Agreement or notice of a
ch ange in boundaries by County as provided for h erein,th ose properties th at h ave received
financing for Qualifying Improvements shall continue to be a part of the Authority, until such time
that all outstanding debt has been satisfied.
17. Term.This Agreement shall remain in full force and effect from the date of its execution by both
Parties. Any Party may terminate this Agreement for convenience upon ninety (90) days prior
written notice("Termination Notice"). Beginning on the date the Authority receives a Termination
[2o-oPs-ooWigiotd9iP the County ("TermiAgiscadpAv3mtke Authority shall not approve any new
Rev.9/30/20 3
applications affecting property within the legal boundaries of the Unincorporated Collier County
referenced in the Termination Notice. Notwithstanding termination of this Agreement, however,
property owners whose applications were approved prior to the Termination Date, and who
received funding through the Program, shall continue to be a part of the Authority, for the sole
purpose of paying their outstanding debt, until such time that all outstanding debt has been
satisfied.
18. Kick-Back Policy. PACE programs shall have and shall strictly enforce anti-kickback policies and
procedures that prohibit direct financial or other monetary incentives to contractors in exchange
for or related to such contractor being awarded work under a PACE program, excepting payment
for the contractor's installation of eligible improvements.
19. Termination for cause. In the event that Collier County determines that the Authority has violated
any of the terms of this Agreement, the County shall terminate this Agreement for cause via
written notice to the Authority.
20. Consent. This Agreement, together with the resolution by the Collier County Board of County
Commissioners approving this Agreement, shall be considered the Parties' consent to authorize
the Authority within Unincorporated Collier County, as required by Section 163.08, Florida
Statutes.
21. County Coordinator.The County Manager or his/her designee shall serve as the County's primary
point of contact and coordinator.
22. County Responsibility. Collier County shall have no responsibility for the payment of Authority
fees or the Authority's third party administrator fees, of any kind, including but not limited to
termination fees, Opt-in fee, maintenance fee, or Opt-out fees. In the event that fees become
due, the Authority shall pay any and all associated costs within 30 calendar days. If Authority
membership is required, County shall also be a non-voting member of the Authority.
23. Carbon or Similar Credits. In the event that the Financing Agreement or any other PACE
agreement with the property owner provides for transfer of any carbon or similar mitigation
credits derived from Qualifying improvements to the Authority, any such carbon or similar
mitigation credits derived from Unincorporated Collier County, shall be shared in equal parts
between the Authority and Collier County.
24. Contingency Plans. In the event that Florida's PACE statute is found to be unlawful, struck down
by a court, or if the PACE assessments are determined by a court to not be special assessments,
the Authority agrees and acknowledges that Collier County may not be able to place PACE
assessments on the tax rolls or collect PACE assessments, and that such a determination shall be
made in the sole discretion of Collier County.
25. Bonds. The Authority is not authorized to issue bonds, or any other form of debt, on behalf of
Collier County. To the extent that the Authority issues bonds under its own authority in
connection with this Agreement, the pledge will be based on the PACE assessments, and the
County shall not be obligated in any way. For any such bonds, the bond disclosure document, if
any, shall include references to the fact that Collier County is not an obligated party. PACE
[20-0PS-00380/1571084/1] Pace Standard Agreement
Rev.9/30/20 4
assessments shall be levied and collected subject to the provisions in the aforementioned
agreements with the Tax Collector and Property Appraiser.
26. Opinion of Bond Counsel. Prior to the effective date of this Agreement,the Authority shall deliver
to the County an "Opinion of Bond Counsel" stating that, based on counsel's review of the bond
validation judgment and the underlying bond documents,the Program's structure complies with
the bond validation judgment and the underlying bond documents.The Authority acknowledges
that the County is relying on the Opinion of Bond Counsel in its decision to execute this
Agreement.
27. Resale or Refinancing of a Property.The Authority recognizes that some lenders may require full
repayment of the Program's non-ad valorem assessments upon resale or refinancing of a
property. The Authority agrees to provide written disclosure of this matter in all PACE materials,
including, but not limited to, the Financing Agreement with the property owner, consumer
agreement, program guidelines, and promotional materials.
28. Agents of Authority. The Authority shall ensure that its agents, administrators, subcontractors,
successors, and assigns are, at all times, in compliance with the terms of this Agreement and
applicable County,state and federal laws. County shall provide written notice to the Authority of
any proposed legislative changes to the PACE program via electronic transmission or US Mail no
later than five (5) days prior to the public hearing on the proposed legislative changes.
29. Notices.Any notices to be given hereunder shall be in writing and shall be deemed to have been
given if sent by hand delivery, recognized overnight courier (such as Federal Express), or by
written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is
intended, at the place specified. For the present, the Parties designate the following as the
respective places for notice purposes:
If to the Authority:
(Insert contact information)
If to County:
County Manager
3299 Tamiami Trail East,Suite 202
Naples, FL 34112
With a copy to:
County Attorney
3299 Tamiami Trail East,Suite 800
Naples, FL 34112
30. Amendments. No modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the same or similar
[20-OPS-00380/1571084/1] Pace Standard Agreement
Rev.9/30/20 5
formality as this agreement and executed by the Collier County Board of County Commissioners
and the Authority.
31. Joint Effort. This Agreement has been a joint effort of the Parties hereto and the resulting
document shall not,solely as a matter of judicial construction,be construed more severely against
one of the Parties than the other.
32. Merger.This Agreement represents the final and complete understanding of the Parties regarding
the subject matter hereof and supersedes all prior and contemporaneous negotiations,
correspondence,agreements,or understandings applicable to the matters contained herein;and
the Parties agree that there are no commitments,agreements,or understandings concerning the
subject matter of this Agreement that are not contained in this document.Accordingly,the Parties
agree that no deviation from the terms hereof shall be predicated upon any prior representations
or agreements,whether oral or written.
33. Assignment. The respective obligations of the Parties set forth in this Agreement shall not be
assigned, in whole or in part, without the written consent of the other Party hereto.
34. Third Party Beneficiaries. Neither the County nor the Authority intends to directly or substantially
benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no
third party beneficiaries to this Agreement and that no third party shall be entitled to assert a
right or claim against either of them based upon this Agreement.
35. Records.The Parties shall each maintain their own respective records and documents associated
with this Agreement in accordance with the requirements for records retention set forth in
Chapter 119, Florida Statutes.
36. Severability. In the event a portion of this Agreement is found to be unenforceable by a court of
competent jurisdiction,that part shall be deemed severed from this Agreement and the remaining
provisions of this Agreement shall remain in full force and effect.
37. Administrator Indemnification. Any and all administrators of the Authority shall be required to
execute a separate indemnification agreement with the County.The Authority acknowledges and
agrees that as of the execution of this Agreement, is the only
administrator for the Authority, and that has
executed the separate indemnification agreement with Collier County for the benefit of the
County. If the Authority changes its administrator, the Authority shall ensure that any and all
administrators also provide the County with a separate indemnification agreement, on a form to
be approved by the County Attorney's Office,within 10 business days of assuming administrative
responsibilities for the Authority.[Both the Administrator and the Authority should provide
indemifications.j
38. Effective Date.This Agreement shall become effective upon the execution by both Parties hereto.
39. Law,Jurisdiction, and Venue. This Agreement shall be interpreted and construed in accordance
with and governed by the laws of the state of Florida.The Parties agree that the exclusive venue
for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state
courts of the Twentieth Judicial Circuit in and for Collier County, Florida,the United States District
[20-0PS-00380/1571084/1] Pace Standard Agreement
Rev.9/30/20 6
Court for the Middle District of Florida or United States Bankruptcy Court for the Middle District
of Florida, as appropriate.
40. Indemnification.To the maximum extent permitted by Florida law,the Authority shall indemnify
and hold harmless Collier County, its officers, agents and employees from any and all claims,
liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission,
including,but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the Authority or any of its
agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or
any persons acting under the direction, control, or supervision of the Authority in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. The Authority shall pay all claims and
losses of any nature whatsoever in connection therewith and shall defend all suits in the name of
Collier County and shall pay all costs (including attorney's fees) and judgments which may issue
thereon.This Indemnification shall survive the termination and/or expiration of this Agreement.
This section does not pertain to any incident arising from the sole negligence of Collier County.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of
termination of this agreement.
[20-OPS-00380/1571084/1] Pace Standard Agreement
Rev.9/30/20 7
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written
above.
Attest: COLLIER COUNTY, FLORIDA
CRYSTAL K. KINZEL,CLERK
By: By:
Name
Title
[NAME OF AUTHORITY]
Witness
By:
Name and Title
Name
Title
Approved as to form and legality:
[20-0PS-00380/1571084/1] Pace Standard Agreement
Rev.9/30/20 8
Ex parte Items - Commissioner Donna Fiala
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
October 13, 2020
ADVERTISED PUBLIC HEARINGS
9A This item requires ex parte disclosure be provided by the Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance
No. 04-74,the Orange Blossom Ranch Planned Unit Development(PUD),to increase the maximum
number of dwelling units from 1,600 to 1,950; and providing an effective date.The subject
property is located on the north and south sides of Oil Well Road (C.R. 858)approximately one mile
east of Immokalee Road (C.R. 846) in Sections 13, 14 and 24,Township 48 South, Range 27 East,
and Section 19,Township 48 South, Range 28 East, Collier County, Florida consisting of 616+/-
acres. [PL20180003155] (District 5)
NO DISCLOSURE FOR THIS ITEM
®Meetings ❑Correspondence se-mails I (Calls
Met w/ applicant and counsel, emails
9C This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 07-30,the Hammock Park Commerce Centre Commercial
Planned Unit Development(CPUD),to allow up to 265 multi-family rental dwelling units plus
80,000 square feet of commercial development as an alternative to 160,000 square feet of retail
and office currently allowed; by changing the name of the CPUD from Hammock Park Commerce
Centre to the Hammock Park Mixed-Use Planned Unit Development(MPUD); by revising the
development standards; by amending the Master Plan and revising developer commitments.The
subject property is located at the northeast corner of Rattlesnake Hammock Road and Collier
Boulevard in Section 14,Township 50 South, Range 26 East, Collier County, Florida,consisting of
19.13± acres; and by providing an effective date. [PL20180002813] (This item is a companion to
Agenda Item 9.B) (District 1)
NO DISCLOSURE FOR THIS ITEM
®Meetings ❑Correspondence He-mails I (Calls
Meetings w/ applicant and counsel, meetings with staff, emails
CONSENT AGENDA
16A3 This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve for
recording the final plat of SkySail—Phase One (Application Number PL201900001066),approval of
the standard form Construction and Maintenance Agreement, and approval of the amount of the
performance security. (District 5)
X NO DISCLOSURE FOR THIS ITEM
['Meetings ❑Correspondence De-mails Calls
Ex parte Items - Commissioner Donna Fiala
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
October 13, 2020
SUMMARY AGENDA
17A This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 09-15, as amended,the Heavenly Community Facility
Planned Unit Development,to increase the maximum size of the house of worship use to 35,000
square feet;to increase the accessory uses to 88,000 square feet;to remove the daycare and
school permitted accessory uses;to add outdoor recreational areas, playgrounds and playlots as
permitted accessory uses;to eliminate Tract A and Tract B references;to modify the conceptual
PUD master plan;to delete Exhibit G,depiction of vertical building, Exhibit H,architectural
renderings and Exhibit I, conditions of approval; add a deviation regarding chain link fencing; and
add a deviation regarding paved aisles for the area utilized for grass overflow parking.The property
is located at 6926 Trail Boulevard between Ridge Drive and Myrtle Road in Section 3,Township 49
South, Range 25 East, Collier County, Florida consisting of 15.93±acres;and by providing an
effective date. [PL20190002323] (District 2)
Xi NO DISCLOSURE FOR THIS ITEM
Meetings I (Correspondence e-mails nCalls
17B This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item,all participants are required to be sworn in. Recommendation to approve a
Resolution for the establishment of a conditional use to allow a sports instructional school and
camp for shooting instruction and training within an Agricultural (A)zoning district in the Area of
Critical State Concern and Special Treatment overlay(ACSC/ST), pursuant to Section
2.03.01.a.1.c.19 of the Collier County Land Development Code for a 10.77+/-acre property located
on the west side of State Road 29, approximately 8 miles south of 1-75, in Section 7,Township 51
South, Range 30 East, Collier County, Florida. [PL20190001278] (District 1)
X NO DISCLOSURE FOR THIS ITEM
(Meetings Correspondence ne-mails nCalls
17D This item requires ex parte disclosure be provided by the Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 2004-41, as amended,the Collier County Land
Development Code, which established the comprehensive zoning regulations for the
unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or
maps by changing the zoning classification of the herein described real property from a Rural
Agricultural (A)zoning district to a Commercial Intermediate District(C-3)zoning district to allow
up to 20,000 square feet of commercial development for property located at the northwest corner
of Tamiami Trail East(US 41) and Greenway Road, in Sections 12 and 13,Township 51 South, Range
26, East, Collier County, Florida, consisting of 2.81+/-acres; and by providing an effective date.
[PL20180002374] (This is a companion to Agenda Item 17.C)(District 1)
X NO DISCLOSURE FOR THIS ITEM
Meetings (Correspondence e-mails I 'Calls
Ex parte Items - Commissioner Donna Fiala
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
October 13, 2020
SUMMARY AGENDA (continued)
17F This item requires that ex parte disclosure be provided by Commission members.Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 13-65,the Bay House Campus Commercial Planned Unit
Development,to increase the number of hotel units from 50 to 160;to increase the height of
principal structures to 75 feet zoned and 90 feet actual;to add assisted living facilities up to 250
beds as a permitted use in addition to the allowed 400 seats of restaurant/cocktail lounge uses;
and to remove the accessory culinary school use; on property located in the northwest quadrant of
the intersection of Tamiami Trail North and Walkerbilt Road in Section 21,Township 48 South,
Range 25 East, Collier County, Florida,consisting of 8.67+/-acres; and by providing an effective
date. (Companion item to Agenda Item 17.E) (District 2)
X NO DISCLOSURE FOR THIS ITEM
❑Meetings ❑Correspondence ❑e-mails Calls
Ex parte Items - Commissioner Burt L. Saunders
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
October 27, 2020
ADVERTISED PUBLIC HEARINGS
9C This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 07-30,the Hammock Park Commerce Centre Commercial
Planned Unit Development (CPUD),to allow up to 265 multi-family rental dwelling units plus
80,000 square feet of commercial development as an alternative to 160,000 square feet of retail
and office currently allowed; by changing the name of the CPUD from Hammock Park Commerce
Centre to the Hammock Park Mixed-Use Planned Unit Development(MPUD); by revising the
development standards; by amending the Master Plan and revising developer commitments. The
subject property is located at the northeast corner of Rattlesnake Hammock Road and Collier
Boulevard in Section 14,Township 50 South, Range 26 East, Collier County, Florida, consisting of
19.13± acres; and by providing an effective date. [PL20180002813] (This item is a companion to
Agenda Item 9.B) (District 1)
NO DISCLOSURE FOR THIS ITEM
Ef Meetings Correspondence Fie-mails Calls
Discussions w/ applicant and counsel, emails
CONSENT AGENDA
16A3 This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve for
recording the final plat of SkySail—Phase One (Application Number PL201900001066), approval of
the standard form Construction and Maintenance Agreement, and approval of the amount of the
performance security. (District 5)
X NO DISCLOSURE FOR THIS ITEM
(Meetings Correspondence Ile-mails I (Calls
SUMMARY AGENDA
17A This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 09-15, as amended,the Heavenly Community Facility
Planned Unit Development,to increase the maximum size of the house of worship use to 35,000
square feet;to increase the accessory uses to 88,000 square feet;to remove the daycare and
school permitted accessory uses;to add outdoor recreational areas, playgrounds and playlots as
permitted accessory uses;to eliminate Tract A and Tract B references;to modify the conceptual
PUD master plan;to delete Exhibit G, depiction of vertical building, Exhibit H, architectural
renderings and Exhibit I,conditions of approval; add a deviation regarding chain link fencing; and
add a deviation regarding paved aisles for the area utilized for grass overflow parking.The property
Ex parte Items - Commissioner Burt L. Saunders
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
October 27, 2020
is located at 6926 Trail Boulevard between Ridge Drive and Myrtle Road in Section 3,Township 49
South, Range 25 East, Collier County, Florida consisting of 15.93±acres; and by providing an
effective date. [PL20190002323] (District 2)
X NO DISCLOSURE FOR THIS ITEM
❑Meetings ❑Correspondence ❑e-mails Calls
17B This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item,all participants are required to be sworn in. Recommendation to approve a
Resolution for the establishment of a conditional use to allow a sports instructional school and
camp for shooting instruction and training within an Agricultural (A)zoning district in the Area of
Critical State Concern and Special Treatment overlay(ACSC/ST), pursuant to Section
2.03.01.a.1.c.19 of the Collier County Land Development Code for a 10.77+/-acre property located
on the west side of State Road 29, approximately 8 miles south of 1-75, in Section 7,Township 51
South, Range 30 East, Collier County, Florida. [PL20190001278] (District 1)
X NO DISCLOSURE FOR THIS ITEM
❑Meetings Correspondence ❑e-mails [ ICalls
17D This item requires ex parte disclosure be provided by the Commission members.Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 2004-41, as amended,the Collier County Land
Development Code,which established the comprehensive zoning regulations for the
unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or
maps by changing the zoning classification of the herein described real property from a Rural
Agricultural (A)zoning district to a Commercial Intermediate District(C-3)zoning district to allow
up to 20,000 square feet of commercial development for property located at the northwest corner
of Tamiami Trail East(US 41)and Greenway Road, in Sections 12 and 13,Township 51 South, Range
26, East, Collier County, Florida,consisting of 2.81+/-acres; and by providing an effective date.
[PL20180002374] (This is a companion to Agenda Item 17.C) (District 1)
XQ NO DISCLOSURE FOR THIS ITEM
❑Meetings ❑Correspondence ❑e-mails ❑Calls
Ex parte Items - Commissioner Burt L. Saunders
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
October 27, 2020
SUMMARY AGENDA (continued)
17F This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 13-65,the Bay House Campus Commercial Planned Unit
Development,to increase the number of hotel units from 50 to 160;to increase the height of
principal structures to 75 feet zoned and 90 feet actual;to add assisted living facilities up to 250
beds as a permitted use in addition to the allowed 400 seats of restaurant/cocktail lounge uses;
and to remove the accessory culinary school use; on property located in the northwest quadrant of
the intersection of Tamiami Trail North and Walkerbilt Road in Section 21,Township 48 South,
Range 25 East, Collier County, Florida,consisting of 8.67+/-acres; and by providing an effective
date. (Companion item to Agenda Item 17.E) (District 2)
dQ NO DISCLOSURE FOR THIS ITEM
❑Meetings ❑Correspondence ❑e-mails ❑Calls