Backup Documents 04/09/2024 Item #16F 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) _ Office Initials Date
1.
2.
3 County Attorney Office County Attorney Office OD(4. BCC Office Board of County `�
Commissioners Uf 4/i /
5. Minutes and Records Clerk of Court's Office /t/ 9:/a
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared e Executive Summary. Primary contact information is ded in the event one of the addressees
above,may need to contact staff for additional or missing info ion.
Name of Primary Staff Gino Santabarbara Phone Number 252-2925
Contact/ Depat lruent
Agenda Date Item was 4/9/2024 Agenda Item Number 16.F.7
Approved by the BCC
Type of Document Immokalee Impact Fee Installment Payment Number of Original 1
Attached Plan Agreement Documents Attached
PO number or account
number if document is 1015-138920-649030
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? GS
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be GS
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the GS
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's GS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 04-09-2024 and all changes made during VA is not
the meeting have been incorporated in the attached document. The County0nP option for
Attorney's Office has reviewed the changes, if applicable. ;J this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC, all changes directed by the BCC have been made,and the document is ready for the 9 J an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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COLLIER COUNTY IMPACT FEE INSTALLMENT m o W
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PAYMENT PILOT PROGRAM AGREEMENT o m N
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This Agreement (hereinafter the "Agreement") made and entered into this 1"day of -n 0 m
/�►°Rl L 2024,by and between Collier County,a political subdivision of the State of Florida,through o 0 m
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its Board of County Commissioners, hereinafter referred to as "County," and Immokalee Fair W
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Housing Alliance, Inc., hereinafter referred to as"Owner," collectively stated as the"Parties." o
RECITALS: o
WHEREAS, on July 11, 2017, the Collier County Board of County Commissioners
("Board")adopted Ordinance No. 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 Board 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.
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.
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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$195,160.96 as set forth in attached
Exhibit"B" and is incorporated by reference herein;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 Florida Statutes sections 197.3632 and 197.3635,
as amended;and
g. Owner acknowledges that in the event the effective date of this Agreement is 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 effective date of the Agreement.
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 of issuance of
a Certificate of Occupancy for the Property. 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 five percent (5%) on the balance of
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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"and is incorporated herein by reference.
6. 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 $195,160.96, 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.
7. 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.
8. 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 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.
9. 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.
Should the property's ownership 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.
10. Recording. This Agreement shall be recorded by the County at its expense in the Official
Records of Collier County, Florida, following issuance of a certificate of occupancy for the
Property.
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11. 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.
12. 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.
13. Governing Law. This Agreement shall be governed by and construed under the laws of the
State of Florida.
14. 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.
15. 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:
To the County: To the Owner:
Collier County Manager's Office Immokalee Fair Housing Alliance Inc.
3299 Tamiami Trail East, Suite 202 208 Boston Avenue
Naples,FL 34112-5746 Immokalee,FL 34142
Phone: (239) 252-8383 Phone: (941) 735-1231
Attn: Alan Penick
16. 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
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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.
As to Owner:
Witness#1 Signature IMMOKALEE FAIR HOUSING
A ALLIANCE INC., a Florida Not For Profit
�c✓� �J��.-� Corporation
Witness#1 Printed Name /r
/306 G VCN/« vpwrC re J 5'By: ‘‘‘-""
Witness#1 Post Address Alan Penick, Treasurer
Witn #2 ignature
Fiklet
Witness#2 Printed Name
l3nCo & veil-iicc- Ave- UJviice- 1- t 3`/2
Witness#2 Post Address
STATE OF FLORIDA R/C
COUNTY OF COLLIER ,SAR,+s o r4
The foregoin4 instrument was acknowledged before me by means of physical presence this //
day of Fe 2024 by Alan Penick as Treasurer of IMMOKALEE FAIR HOUSING
ALLIANCE INC., who is ❑ personally known to me or .k" has produced
F L p 4 as identification.
Notary Signature
MAJDA CORAIC /4?/5t/.04 CORM-[C
Notzrf DubucState of Florida NotaryPrinted Name
p My Comm Commission
FExpires Dec020.2025
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As to County:
AFI'EST: -'' ` °'1' BOARD OF COUNTY COMMISSIONERS
CRYSTAI `t(. dlerk COLLIER COUNTY,FLORIDA
r
By: • By:
Attesfia}s-o Ch irrr�an'sDeputy Clerk Chris 1, hairman
sigf4ute tmiy
App ved as to'form and legality:
kt/(61 i , II‘
Derek D. Perry �4-
Assistant County Attorney ��
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EXIT"A"
OWNER NAME&ADDRESS:
Immokalee Fair Housing Alliance Inc.
208 Boston Avenue
Immokalee,FL 34142
Attn: Alan Penick
LEGAL DESCRIPTION
The Southwest% of the Southwest Y4 of the Northeast'!<-df Section 32,Township
46S, Range 29E, lying North of S.R. 860 (also known asjLake Trafford Road)and
West of N. 19th Street Collier County, Florida f '
PROPERTY APPRAISER PARCEL ID NO. 00074280005
ADDRESS:
2069 Corazon De La Comunidad Circle, 12-Unit Building#7,Immokalee,FL 34143
PROJECT NAME
Corazon De La Comunidad
PROJECT NUMBER
PRMFH20220103870
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EXh IBIT"B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
EMS Impact Fee: $1,080.00
Correctional Facilities Impact Fee: $3,662.56
Library Impact Fee: $2,556.48
Regional Park Impact Fee: $19,683.84
Community Parks Impact Fee: $7,283.20
Educational Facilities System Impact Fee: $45,507.04
Road Impact Fee: $103,539.84
General Government Building Impact Fee: $7,103.04
Law Enforcement Impact Fee: $4,744.96
TOTAL IMPACT FEES $195,160.96
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EXHIBIT"C"
ESTIMATED PAYMENT SCHEDULE
ANNUAL
INTEREST SCHEDULED INTEREST PRINCIPAL
PAYMENT# RATE BALANCE PAYMENT PORTION PORTION
1 5.00% $195,160.96 $ 12,695.50 $ 9,758.05 $ 2,937.45
2 5.00% $192,223.51 $ 12,695.50 $ 9,611.18 $ 3,084.33
3 5.00% $189,139.18 $ 12,695.50 $ 9,456.96 $ 3,238.54
4 5.00% $185,900.64 $ 12,695.50 $ 9,295.03 $ 3,400.47
5 5.00% $182,500.17 $ 12,695.50 $ 9,125.01 $ 3,570.49
6 5.00% $178,929.68 $ 12,695.50 $ 8,946.48 $ 3,749.02
7 5.00% $175,180.66 $ 12,695.50 $ 8,759.03 $ 3,936.47
8 5.00% $171,244.20 $ 12,695.50 $ 8,562.21 $ 4,133.29
9 5.00% $167,110.91 $ 12,695.50 $ 8,355.55 $ 4,339.96
10 5.00% $162,770.95 $ 12,695.50 $ 8,138.55 $ 4,556.95
11 5.00% $158,214.00 $ 12,695.50 $ 7,910.70 $ 4,784.80
12 5.00% $153,429.20 $ 12,695.50 $ 7,671.46 $ 5,024.04
13 5.00% $148,405.16 $ 12,695.50 $ 7,420.26 $ 5,275.24
14 5.00% $143,129.91 $ 12,695.50 $ 7,156.50 $ 5,539.00
15 5.00% $137,590.91 $ 12,695.50 $ 6,879.55 $ 5,815.96
16 5.00% $131,774.95 $ 12,695.50 $ 6,588.75 $ 6,106.75
17 5.00% $125,668.20 $ 12,695.50 $ 6,283.41 $ 6,412.09
18 5.00% $119,256.11 $ 12,695.50 $ 5,962.81 $ 6,732.69
19 5.00% $112,523.42 $ 12,695.50 $ 5,626.17 $ 7,069.33
20 5.00% $105,454.09 $ 12,695.50 $ 5,272.70 $ 7,422.80
21 5.00% $ 98,031.29 $ 12,695.50 $ 4,901.56 $ 7,793.94
22 5.00% $ 90,237.35 $ 12,695.50 $ 4,511.87 $ 8,183.63
23 5.00% $ 82,053.72 $ 12,695.50 $ 4,102.69 $ 8,592.81
24 5.00% $ 73,460.91 $ 12,695.50 $ 3,673.05 $ 9,022.46
25 5.00% $ 64,438.45 $ 12,695.50 $ 3,221.92 $ 9,473.58
26 5.00% $ 54,964.87 $ 12,695.50 $ 2,748.24 $ 9,947.26
27 5.00% $ 45,017.62 $ 12,695.50 $ 2,250.88 $ 10,444.62
28 5.00% $ 34,573.00 $ 12,695.50 $ 1,728.65 $ 10,966.85
29 5.00% $ 23,606.15 $ 12,695.50 $ 1,180.31 $ 11,515.19
30 5.00% $ 12,090.95 $ 12,695.50 $ 604.55 $ 12,090.95
$ 380,865.02 $ 185,704.06 $ 195,160.96
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